fuBRARV 
I     SAH  DIEGO 


us  J 


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Cy^y^       (P^^^-^^^^v/ 


1798-1871 

From  a  mezzotint  eugraving  by  Doney, 

after  a  daguerreotype  by  Plumbe,  in 

The  United  States  Magazine  and 

Democratic  Review,  of  New 

York,  of  April,  1847. 


The  Life  of  Chief  Justice 

Ellis   Lewis 

1798-1871 

Of  the  First  Elective  Supreme  Court  of  Pennsylvania 


BURTON  ALVA  KONKLE 


AUTHOR  OF 

"  The  Life  and  Speeches  of  Thomas  Williams,  1806-1872";  "The  Life  and 

Times  of  Thomas  Smith,  1745-1809";   formerly  associated  with 

The  Historical  Work  of  the  Pennsylvania  State  Bar 

Association,  and   Member  of  the  Historical 

Society  of  Pennsylvania  and  American 

Historical  Association. 


CAMPION     &     COMPANY 

PHILADELPHIA 

1907 


CopjTJght  1907 

By 

Burton  Alva  Konkle 


TO 

Hon.  Hampton  L.  Carson,  LL.D. 


"For  they  are  two  things, 
wisdom   and   law   together; 
and  therefore  it   is  said :    nobody 
is  a  judge   through  learning; 
although  a  person  may  always  learn, 
he  will  not  be  a  judge  unless  there  be 
wisdom    in   his   heart;    however   wise 
a  person  may   be,    he   will   not   be  a 
judge  unless  there  be  learning  with  the  wisdom. 
— Ancient  Laws  and  Institutes  of  Wales. 
Book-    VIII,    Chap.    XI,    p.    493- 


Contents 


Preface  

Chapter  I.  His  Welsh  Ancestors  Follow  Penn,  and  Three 
Generations  Help  to  Build  Up  the  New 
Commonwealth   i 

Chapter  H.  His  Father,  Major  Eli  Lewis,  Founds  the  First 
Newspaper  at  Harrisburg,  and  the  Boy, 
Orphaned  at  Nine  Years,  Becomes  Printer's 
Apprentice  on  the  Same  Paper 23 

Chapter  HI.  Young  Lewis  Runs  Away  to  New  York  and 
Baltimore,  and  Finally  Settles  as  Co-Editor 
of  "The  Gazette,"  at  Williamsport,  Pennsyl- 
vania       36 

Chapter  IV.  The  Young  Editor  Studies  Law,  and  Is  Active 
In  Public  Affairs ;  His  Ability  as  an  Inde- 
pendent Student  46 

Chapter  V.  The  Political  Situation  in  Pennsylvania;  His 
Championship  of  Governor  Shulze;  He 
Becomes  the  Deputy  Attorney-General  for 
Lycoming  and  Tioga  Counties ;  A  Disas- 
trous Illness  52 

Chapter  VI.  He  Settles  at  Towanda,  and  Is  Sent  to  the 
Legislature  as  an  Independent,  But  Sup- 
ports Governor  Wolf 64 

Chapter    VII.    Governor  Wolf  Makes  Him  Attorney-General. .     84 

Chapter  VIII.  He  Becomes  President  Judge  of  the  Eighth 
Judicial  District,  Composed  of  Northum- 
berland, Lycoming,  Union  and  Columbia 
Counties,  and  Serves  Ten  Years 99 

Chapter  IX.  His  President-Judgeship  of  the  Lancaster  Dis- 
trict and  His  Authorship  of  "An  Abridg- 
ment of  the  Criminal  Law  of  the  United 
States,"  to  Supplement  "Kent's  Commen- 
taries"; Medical  Jurisprudence 128 

Chapter  X.  Popular  Demand  for  an  Elective  Judiciary  in 
Pennsylvania  and  the  Campaign  for  the 
First  Elective  Supreme  Bench,  to  Which 
He  Is  Elevated  153 


Chaiter  XI. 
Chapter  XII. 
Chapter  XIII. 


Chapter  XIV. 


Chapter    XV. 


A  Justice  of  the  Supreme  Court 171 

He  Succeeds  Jeremiah  S.  Black  as  Chief  Justice  195 
He  Declines  Unanimous  Renomination  by  the 
State   Democratic   Convention   and   Retires 

to  Private  Life 223 

His  Counsels  on   Public  Affairs;  Correspond- 
ence with  Taney  and  Stanton 236 

His  Closing  Years  and  His  Death  in  1871 252 


Illustrations 


T.     Frontispiece,  Chief  Justice  Ellis  Lewis  (See  page  141). 
II.     Nannau  House,  near  Dolgelly,  Wales 4 

III.  Pennsylvania  Map  of  1698,  by  Gabriel  Thomas 10 

IV.  Map  of  the  Three  Original  Counties  of  Pennsylvania 

( See  footnote  on  page  18) 12 

V.  The  Lewis  House,  with  date-stone,  Kennett  Square. ...  14 

VI.     The  Original  Map  of  Lancaster  County 16 

VII.     Major  Eli  and  Mrs.  Lewis 30 

VIII.     Ellis  Lewis'  Indenture  as  a  Printer's  Apprentice 34 

IX.     Distribution    of    Population    in    Pennsylvania    in    1820 

(a  map)  42 

X.     Editor   John    Binns,    of    the    Philadelphia   Democratic 

Press 5^ 

XI.     Mrs.  Ellis  Lewis,  in  her  later  years 60 

XII.     Governor  George  Wolf 66 

XIII.  Judge  Ellis  Lewis,  a  miniature  of  about  1835 100 

XIV.  Judge  Lewis'  Home  at  Williamsport,  from  a  daguerreo- 

type     120 

XV.    Judge  Lewis,  a  silhouette  of  about  1843 130 

XVI.     The  Last  Appointive  Supreme  Court  of  Pennsylvania 

in  1850 152 

XVII.  A  Democratic  Supreme  Court  Campaign  Poster,  1851..    166 

XVIII.  The  First  Commission  of  an  Elective  Chief  Justice 200 

XIX.  The  Supreme  Court  in  1854,  Ellis  Lewis,  Chief  Justice  202 

XX.  "The  Auld  Lang  Syne  Party,"  from  an  engraving 234 

XXI.     Chief  Justice  Roger   B.  Taney,  from  an  early  photo- 
graph    250 

XXIL     Ex-Chief  Justice  Lewis,  about  1865,  a  miniature 254 

XXIII.     The  Tomb  at  Woodlands 262 


Preface 


The  author's  successive  studies  in  American  historical 
materials,  based  largely  on  Pennsylvania  sources,  have 
been  a  natural  growth,  and  have  sprung  from  his  belief 
in  the  wealth  and  importance  of  those  sources  to  the 
student  of  our  national  history.  He  has  proposed  to 
himself  no  artificial  series,  but  has  merely  sought  to 
explore  what  has  seemed  to  him  important  though 
neglected  fields,  and  has  chosen  to  present  what  he  has 
seen — phases  or  movements — under  the  form  of  a  "Life" 
of  a  carefully  chosen  and  characteristic  figure  in  the 
midst  of  them. 

The  struggle  over  the  Pennsylvania  constitution  of 
1776  was  the  chief  subject  of  my  The  Life  and  Times  of 
Thomas  Smith,  iy4^-i8op,  and  the  rise  of  Whig  and  Re- 
publican movements  in  the  Keystone  State  was  the  main 
theme  of  The  Life  and  Speeches  of  Thomas  Williams,  1806- 
i8y2.  It  had  been  my  hope  to  next  present  the  great  colo- 
nial work  for  constitutional  liberty  wrought  by  David 
Lloyd  ;  but  the  study  of  Whig  and  Republican  movements 
in  my  Williams  showed  the  desirability  of  presenting  the 
counterpart  of  those  movements — the  Democratic  phase — 
in  the  "Life"  of  Buchanan's  warm  friend  and  nearly  life- 
long counsellor,  Chief  Justice  Ellis  Lewis,  of  the  state 
Supreme  Court,  for  almost  exactly  the  same  period.  The 
Lewis  material,  with  which  I  had  long  been  familiar, 
also  furnished  a  unique  "journey"  through  almost  the 
whole  career  of  both  colony  and  commonwealth  down 
beyond  the  Civil  War,  and  especially  made  necessary 
treatment  of  that  most  interesting  phenomenon  in  Penn- 
sylvania, the  movement  for  an  elective  judiciary.  If 
Chief  Justice  Lewis  had  been  a  jurist  only,  the  author 
would  have  felt  no  mission  to  present  his  career,  but 
before  he  went  on  the  bench  he  was  a  great  power  in 
Democratic  counsels,  and  seldom  wholly  lost  touch  with 


the  ablest  leaders  of  that  party  during  the  rest  of  his  life, 
as  his  correspondence  indicates. 

The  volume  might  have  been  written  as  a  "memorial," 
and  well  worthy  of  that  treatment  is  the  career  of  this 
popular  jurist;  but,  fortunately  or  unfortunately,  although 
frequently  invited  to  do  so,  the  author  has  no  desire  to 
write  a  work  of  that  kind,  nor  has  he  ever  done  so,  or  is  he 
likely  to  do  so.  He  has  deliberately  chosen  these  studies  in 
the  spirit  of  monographic  work  for  the  future  historian. 
His  method  causes  him  to  present  a  Williams  or  a  Lewis, 
with  sympathy,  but  without  approval  or  disapproval ;  he 
merely  desires  his  readers  to  see  the  characters  and  move- 
ments at  first-hand  so  far  as  is  possible  without  going  per- 
sonally to  the  original  records,  resting  in  the  calm  assurance 
that  the  reader  prefers  to  exercise  the  judging  function 
himself.  Personal  opinions  of  the  historian,  while  inter- 
esting, are  not  so  much  the  texture  of  history  as  they  once 
were ;  they  have  gone  the  way  of  the  editorial,  in  some 
degree. 

Furthermore,  the  author  believes  that  the  influence  and 
significance  of  movements  within  Pennsylvania  from  i68i 
until  after  the  Civil  War  are  more  considerable  than  has 
been  generally  conceded.  This  has  been  due  to  many 
causes :  the  difficulty  many  have  in  understanding  the 
Quaker  and  his  mystic  attitude ;  the  complexity  of  the  state's 
life ;  the  varied  degrees  of  unity  or  homogeneity  at  different 
periods ;  the  tendency  of  the  Quaker  not  to  present  his  own 
exploits,  individually  or  collectively ;  the  buffer  position  the 
state  has  always  held  between  sections,  w^hich  has  compelled 
her  to  be  a  mediator,  peacemaker,  compromiser,  solvent  of 
national  difficulties,  and  deviser  of  practical  ways  and  means ; 
not  to  mention  very  many  more  quite  as  important.  It  has 
been  said  that  Pennsylvania  collects  and  New  England 
publishes,  which  may  be  another  way  of  stating  the  matter. 
At  any  rate  it  has  resulted,  the  author  believes,  in  general 
historians,  who  are  compelled  to  work  so  largely  from 
meagre  second-hand  sources,  not  understanding  Pennsyl- 
vania sufficiently  and  not  recognizing  adequately  the  claims 
of  her  unique  position  in  national  history.  A  distinguished 
historian  was  once  asked  to  write  a  history  of  Pennsyl- 
vania, and  he  replied  that  it  was  not  yet  time  for  that — 
there  must  be  a  great  deal  of  monographic  work  first.  The 
point  is  further  illustrated,  for  instance,  in  her  colonial 
history :    a  distinguished  New   England  historian   recently 


had  occasion  to  make  a  fresh,  first-hand  study  of  Penn's 
time  and  expressed  his  behef  that  he  liad  run  upon  one  of 
the  greatest  figures  in  American  colonial  history  and  sought 
to  know  more  about  him.  He  was  undoubtedly  right,  but 
how  many  readers  of  national  history  have  seen  David 
Lloyd  given  that  position  before?  Undoubtedly  every 
student  who  has  gone  to  the  original  records,  rather  than 
to  the  second-hand  and  partisan  pages  of  men  like  Proud, 
and  gone  to  them  in  the  spirit  of  first-hand  research,  has 
seen  David  Lloyd  looming  up  scarcely  second  to  Penn  him- 
self, if  he  was  second.  The  same  thing  is  true  of  move- 
ments, and  it  is  the  author's  desire  to  aid  in  a  monographic 
way  along  these  lines,  sometimes  with  men  who  are  strong, 
and  again  with  men  who  may  be  called  great. 

I  desire  at  this  point  to  reply  to  numerous  inquiries 
regarding  my  relation  to  certain  other  works  which  I 
have  long  had  in  hand.  The  Life  of  Chief  Justice  Lewis 
made  plain  to  me  the  strategic  importance  of  the  rise  and 
fall  of  Democracy  in  Pennsylvania,  because  of  its  relation 
to  the  nation,  and  again  postponing  publication  of  David 
Lloyd  (on  which  I  was  grateful  enough  to  have  more 
time),  I  undertook  a  "Life  and  Times"  of  Pennsylvania's 
candidate  for  Vice-President  against  Van  Buren,  William 
Wilkins,  which  will  be  in  press  during  the  present  year. 
]\Iy  years  of  study  of  Lloyd  was  paralleled  by  a  like  study 
of  a  figure  of  even  greater  power  as  a  constitution-maker, 
namely,  James  Wilson.  A  Life  of  Wilson  was  so  con- 
siderable a  project  that  I  had  placed  it  some  time  in  the 
future.  The  appreciation  which  I  found  here  and  there 
for  this  pre-eminent  statesman,  however,  in  my  efforts 
to  have  the  state  and  nation  join  in  honoring  his  memory 
in  the  removal  of  his  remains  to  Christ  Church,  Philadel- 
phia, was  so  genuine,  so  widespread  and  so  abundant 
that  I  have  yielded  to  the  urgency  of  my  friend,  Dr.  S. 
Weir  Mitchell,  and  others,  and  arranged  to  undertake  a 
full  and  authoritative  Life  and  Works  of  James  Wilson 
during  the  present  year.  The  preparation  of  a  Life  of  Lloyd 
will  follow  immediately  after  that  of  Wilson. 

Space  forbids  acknowledgment  of  the  many  courtesies 
received  during  the  preparation  of  this  work,  but  one  cannot 
pass  by  the  thoughtfulness  and  encouragement  of  Miss 
Josephine  Lewis,  of  Philadelphia,  the  officers  of  the  His- 
torical Society  of  Pennsylvania,  especially  Miss  Wylie  of 
the  department  of  manuscripts,  the  officers  of  the  Law  As- 


sociation  of  Philadelphia,  those  of  the  State  Library  and  the 
New  York  Historical  Society,  Mr.  Heverly,  of  Towanda, 
Pa.,  and  others  whose  names  occur  elsewhere  in  the  text 

or  footnotes. 

Burton  Alva  Konkle. 

Swarthmore 

January  29,  1907. 


CHAPTER  I 

His    Welsh    Ancestors    Follow    Penn,    and    Three 

Generations   Help  to   Build   Up  the 

New  Commonwealth 

1680 

If  the  year  1680  and  her  sister  years  on  either  side 
were  as  the  Three  Fates  to  Britain  in  certain  respects, 
even  more  truly  were  they  as  the  Three  Graces  to  many 
of  the  British  people  in  the  matter  of  liberty  and  law. 
The  term  "Whig"  came,  in  that  year,  to  mean  something 
very  definite  to  the  ears  of  the  King  who  needed  no 
parliament,  Charles  H ;  and  if  the  year  before  brought 
great  relief  to  the  persecuted  dissenters  in  the  hardly 
won  habeas  corpus  act,  the  year  following  1680  brought 
to  many  their  heart's  desire,  in  the  possibility  of  escape 
to  a  land  of  promised  freedom,  under  the  guidance  of 
the  son  of  King  Charles'  late  Admiral,  Penn,  even  though 
the  "grant"  was  in  payment  of  a  long-standing  debt. 

For  a  burning,  spiritual  revolt  was  abroad  over  more 
than  one  land,  and  new  flames  enkindled  new  fires  as  they 
leaped  from  heart  to  heart.  Leaders,  like  George  Fox, 
of  the  Quaker  element,  were  everywhere  encouraging 
the  persecuted.  "Now  I  had  some  Inclination."  he 
writes  during  one  of  these  years,  in  London,  "to  have 
gone  into  the  country  to  a  Meeting:  But  hearing  that 
there  would  be  a  Bustle  at  our  Meetings,  and  feeling  a 
great  Disquietness  in  People's  Spirits  in  the  City  about 
choosing  Sheriffs,  it  was  upon  me  to  stay  in  the  city, 
and  go  to  the  Meeting  in  Gracious-sfrcct  upon  the  First- 
day  of  the  Week.  IVilUam  Penn  went  with  me,  and  spake 
in  the  Meeting:  and  while  he  was  declaring  the  Truth 
to  the  People,  a  Constable  came  in  with  his  great  stafif, 
and  bid  him  give  over,  and  come  down :  but  William  Penn 
held  on,  declaring  Truth  in  the  Power  of  God.  After 
a  while  the  Constable  drew  back  ;  and  when  William  Penn 
had  done,  I  stood  up,  and  declared  to  the  People,  'the 


2  ELLIS  LEWIS 

everlasting-  Gospel,  which  was  preached  in  the  Apostles' 
days,  and  to  Abraham;  and  which  the  church  in  the 
Apostles  days  did  receive,  and  came  to  be  Heirs  of.'  "^ 

Such  meetings  dotted  all  Britain  and  Ireland,  and 
even  the  continent  and  the  colonies,  and  nowhere  was 
soil  more  hospitable  to  them  than  in  the  beautiful  moun- 
tains of  western  Wales,  where  "towering  Cader  Idris" 
overlooked  the  waters  of  Cardigan  Bay,  not  a  half-dozen 
miles  from  its  base,  and  even  peered  beyond  the  Irish 
Sea  to  the  more  than  twenty-league-distant  coasts  below 
Dublin.-  Happily,  one  may  look  in  upon  one  of  these 
meetings  and  witness  an  incident  of  much  significance, 
but  it  shall  be  approached  from  picturesque  Lake  Bala, 
whence  the  beholder  may  view  the  crown  of  this  same 
Cader  Idris  in  the  skies  more  than  a  dozen  miles  to  the 
southwestvvard.  For  the  way  to  Dolgelly — otherwise 
"Hazel-dale" — passes  the  water-shed  between  the  Dee 
and  Winion,  and  "here,"  says  an  observing  artist  who 
once  traversed  it,  "commences  a  long  and  gradual  descent 
to  Dolgelly,  which  at  every  step  becomes  more  and  more 
magnificent,  as  the  road  follows  the  course  of  the  Winion 
as  it  foams  through  a  spreading  region  of  wild  forest, 
and  the  stern  and  noble  outline  of  Cader  Idris  bursts 
upon  us  like  an  enormous  rampart,  almost  striding  across 
the  distant  vale,  its  long  ridges  and  perpendicular  preci- 
pices successively  developing  themselves  as  we  near  the 
little  gray  town  of  Dolgelly,  above  which  they  tower 
with  a  grandeur  superior  to  any  other  mountains  in 
Wales.  Dolgelly  is  deliciously  placed  in  the  lap  of  this 
,  woody  valley,  surrounded  with  heights  gradually  rising 
from  it  in  almost  Alpine  character  and  variety,  and  full 
of  charming  passages  of  wood  and  brook  scenery — an 
excellent  headquarters  for  numerous  pleasant  excursions. 
Travellers  are  generally  severe  upon  the  Welsh  towns, 
and  Dolgelly,  in  particular,  has  come  in  for  much 
reproach  for  its  irregularity  and  dinginess ;  but  the 
former  is  a  picturesque  quality  in  a  mountain  town, 
and  the  latter,  produced  by  the  gray  stone  and  slate  of 
the  materials,  after  all,  is  more  pleasing  to  the  eye  than 


'  Fox's  Journal,  Vol.  II,  pp.  375-6,  under  date  of  1682.  Penn  was  then 
thirty-eight  years  of  age  and  Fox  was  in  liis  prime.  The  Italics  are  only  a 
typographical    fashion   of   that   day. 

-  Cader  Idris  ("Seat  of  Idris")  is  the  third  mountain  in  heighth  in  Wales. 
A  Topographical  Dictionary  of  Wales,  by  Samuel  Lewis,   1833. 


HIS  WELSH  ANCESTORS  3 

would  be  modern  garish  brick  or  plaster;  such  at  least 
would  be  the  opinion  of  an  artist.  The  principal  inn  is 
the  'Golden  Lion,'  the  garden  of  which  opens  on  the 
green,  affording  a  delightful  walk.  The  shallow  river, 
passing  under  a  picturesque  ivied  bridge,  sweeps  rip- 
pling on  one  side  of  this  grassy  area,  under  a  wooded 
bank,  above  which  is  seen  a  rural  Gothic  school  of 
recent  erection ;  on  the  other  is  the  town  and  church, 
with  numerous  neat  country  houses,  finely  placed  among 
the  hills,  which  ascend  stage  by  stage  to  the  base  of 
precipitous  Cader  Tdris.  The  facetious  Fuller,  who 
wrote  more  than  a  century  ago,  gives  a  singular 
enigmatical  account  of  Dolgelly. 

'I.  The  walls  thereof  are  three  miles  high. 

2.  Men  go  into  it  over  the  water;  but 

3.  Go  out  of  it  under  the  water. 

4.  The  steeple  thereof  doth  grow  therein. 

5.  There  are  more  alehouses  than  houses'  " 

the  first  referring  to  the  mountains,  the  second  to  the 
entrance  bridge,  the  third  to  an  artificial  elevated  water- 
way for  a  mill-wheel  opposite,  the  fourth  to  the  fact 
that  the  town  bells  were  in  a  yew-tree,  and  finally,  that 
in  fair-time  almost  every  house  sold  Welsh  ale.^ 

Nor  would  any  impression  of  this  parish  be  adequate 
that  failed  to  include  the  glamour  of  nobility  that 
hovered  over  this  part  of  the  shire  of  Merioneth 
through  the  house  of  Nannau,  descendants  of  Prince 
Cadwigan,  of  ancient  Powys  of  the  upper  Dee  and 
Severn.-  For  not  more  than  two  miles  to  the  north  of 
Dolgelly,  as  the  crow  flies,  stands  the  vine-clad  walls 
of  Nannau,  the  seat  of  the  ancient  family  of  Vychan  or 
Vaughan  from  the  middle  centuries  of  our  era  down 
to  1859,  when  the  direct  line  ceased  with  the  passing 
of  Sir  Robert.  Prince  Cadwigan,  fifth  in  descent  from 
King  Howell,  the  famous  law-giver  of  Wales,  was  him- 
self Lord  of  Nannau,  and  tenth  in  descent  from  him 
followed    another    Howell,    Lord    of    Nannau,    one    of 

'  "The  Tourist  in  Wales,"  published  by  George  Virtue,  in  1857,  and  written 
by  the  artists,  Bartlett  and  W'illmore,  who  have  so  beautifully  illustrated  it. 
"Dolgelley"   is   the   spelling   used   in    Lewis'   Topographical   Dictionary. 

-  In  ;he  Ancient^  Laws  and  Institutes  of  Wales,  those  of  Howell,  the  Good, 
Book  VIII,  Chap.  XI,  p.  492,  it  says:  "The  word  of  a  man  of  Gwynedd  is  not 
to  be  credited  against  the  word  of  a  man  of  Powys,  nor  that  of  a  man  of  Powys 
against  a  man  of  Gwynedd,  nor  that  of  a  man  of  South  Wales  against  a  man 
of  Powys  or  Gwynedd:  for  there  are  those  three  unconnected  countries  in 
Cymru" — the  native  name  for  Wales. 


4  ELLIS  LEWIS 

whose  grandsons  (a  grandson  through  his  son  Griffith) 
passed  out  of  his  ancestral  halls,  because  of  Britain's 
law  of  primogeniture,  and  entered  into  the  great  middle 
classes  of  the  realm,  enriched  with  noble  blood  as  they 
have  been  since  the  first  promulgation  of  that  law.  This 
grandson,  John,  made  him  a  home  in  this  parish  of 
Dolgelly  and  gave  his  son  a  name  that  was  destined  to 
become  a  family  name — when  such  an  institution  began 
to  be  adopted — in  both  home-land  and  colonies  Two 
generations  were  to  pass,  however,  before  Lewis — for 
such  was  the  name — was  to  have  a  descendant  bear  it 
again. ^  This  Lewis  ap  Robert,  i.  e.,  son  of  Robert,  had 
a  sister,  Margaret,  who  became  the  wife  of  a  man  of 
great  strength  of  character  both  there  and  over-sea, 
named  Rowland  ap  Ellis,  or,  as  he  used  it  later  in  life, 
Rowland  Ellis ;  for,  it  may  be  observed,  when  a  family 
name  began  to  be  the  fashion,  there  was  much  con- 
fusion in  method,  for  some  would  have  made  it  Ellis 
Rowland ;  or,  if  necessary,  have  used  the  grandfather's 
instead  of  the  father's  name.  So  it  was  that  Lewis  ap 
Robert  became  known,  not  only  as  Lewis  Robert,  but 
Lewis  Owen  and  Owen  Lewis  as  well.^ 

It  was  a  son  of  this  Lewis,  who  was  born  during  the 
triad  of  years  about  1680,  and  was  given  the  name  Ellis 
Lewis,  who  finally  determined  the  family  name,  espe- 
cially in  the  new  lands  beyond  the  sea,  and  particularly, 
as  a  boy  of  about  a  dozen  years,  made  so  notable  one 
of  the  many  meetings  that  dotted  western  Wales  at  this 
period  that  an  account  of  it  has  been  handed  down  to 
this  generation.  "The  30th  of  the  4th  month,  1690,  upon 
the  first  day  of  the  week,"  says  an  account  found 
among  the  papers  of  a  descendant,  and  signed  by  Row- 
land Owen,  "we  having  assembled  ourselves  together 
according  to  our  usual  manner  at  the  house  of  Lewis 
Owen,  in  the  parish  of  Dolgelly,  Merionethshire,  in 
Wales,  to  wait  for  the  appearance  of  God,  in  which  we 
have  comfort  and  power,  beyond  every  other  power,  of 

*  The  Pedigree  of  David  Lewis,  Esq.,  of  Philadelphia,  prepared  by  P.  S. 
P.  Conner,  member  of  the  Pennsylvania  Historical  and  Genealogical  Societies, 
1894.  Lewis  had  two  sons,  Owen  and  Rees,  and  it  was  the  grandson  of  Owen 
(through   Robert)    who  again  bore  the   name   Lewis. 

*  The  author  is  assured  by  several  Welsh  students  that  this  confusion 
was  common,  and  it  seems  to  be  in  keeping  with  the  family  tradition  indi- 
cated below.     Both  are  given,  and  the  reader  may  choose  for  himself. 


N'annau    House 

near    Dolgelly,    Wales 

From   a   photograiih   in   possession   of   Miss  Josephine    Lewis,    I'hihulclphia 


HIS  WELSH  ANCESTORS  5 

which  we  were  made  witnesses  accordin<:j  to  our  measure, 
and  we  being  upon  the  day  above  mentioned  met  together 
at  the  same  place,  and  those  that  used  to  bear  a  public 
testimony  amongst  us,  having  taken  their  liberty,  and 
after  a  considerable  time  there  was  something  like  a 
vail  not  removed,  and  as  a  covering  not  moved  away, 
and  in  this  condition  I  was  moved  to  encourage  my 
friends  to  labour  and  take  Christ  Jesus,  his  advice 
to  strive  to  enter  in  at  the  strait  gate,  which  leadeth 
into  the  kingdom  of  freedom,  and  to  seek  for  the  foun- 
tain which  Christ  spake  of  that  would  be  in  them, 
springing  up  into  eternal  life — and  yet  there  was  a  stop 
remaining  as  to  our  speech  at  that  time,  for  it  was  an 
unusual  thing  to  the  people,  and  1  waited  and  found 
ease  to  my  mind.  But  after  some  time  it  was  manifested 
unto  me  that  the  Lord  would  raise  his  own  seed  into 
dominion  some  way  or  other — but  I  knew  not  what 
way,  and  in  earnestness  of  supplication  and  prayer  and 
tears  springing  up  amongst  us,  from  that  Immortal 
Seed,  and  a  child  amongst  us,  being  but  between  twelve 
and  thirteen  years  of  age  (which  was  Ellis  Lewis,  the 
third  son  of  Owen  Lewis),  he  having  wept  and  groaned 
a  long  while  amongst  us,  at  last  broke  out  into  words 
in  the  English  language,  which  he  was  not  perfect  in. 
And  he  praised  the  name  of  the  Lord  God  of  Heaven 
and  earth,  who  he  said  had  opened  his  heart  amongst 
us  this  day — and  in  filling  the  hearts  of  his  little  ones, 
his  babes,  who  is  comforting  and  nourishing  them  one 
day  and  time  after  another.  And  often  he  mentioned 
the  Almighty,  which  he  said  had  opened  my  heart 
amongst  us  this  day — so  that  it  was  not  the  words  we 
made  most  observation  of,  but  the  life  and  heavenly 
authority  that  went  along  with  the  words.  And  the 
life  sprang  and  ran  amongst  us  to  the  comforting  of 
our  hearts,  both  old  and  young,  great  and  small,  so  that 
the  living  springs  opened  in  our  hearts.  And  these 
living  streams  made  a  great  river,  which  made  glad 
the  city  of  God.  And  many  did  admire  and  wonder  that 
heard  the  child's  voice,  but  those  that  knew  not  the 
living  words  from  whence  the  true  words  do  proceed, 
were  ready  (I  thought)  to  say  with  those  that  said  of 
Christ's  Apostles — 'they  were  full  of  wine.'     But  we  are 


6  ELLIS  LEWIS 

of  the  Apostle  Peter's  mind  and  judgment,  who  said 
that  the  Lord  God  should  in  latter  days  pour  forth  his 
spirit  upon  all  flesh,  as  it  is  signified  by  the  mouth  of 
his  servant  Joel — and  we  are  witnesses  of  that  Scripture, 
which  saith  that  through  the  mouths  of  babes  and  suck- 
lings praises  shall  be  perfected  unto  the  Lord,  even  by 
them  that  suck  at  the  breast  of  God's  everlasting  con- 
solation, who  are  in  their  spirits  enlightened  to  see  the 
goodness  of  the  Almighty  in  the  land  of  the  living.  And 
I  have  not  found  even  in  my  mind,  until  I  had 
written  these  few  lines,  that  they  might  be  in  remem- 
brance for  the  generations  after  us,  to  see  and  under- 
stand how  good  and  fatherly  the  Lord  was  to  us,  and 
how  his  living  witness  hath  moved  in  our  hearts,  and 
upon  the  hearts  of  the  youth  amongst  us,  so  that  just 
witness  hath  been  quickened  in  our  hearts,  that  doth 
at  all  times  testify  against  evil  and  corruption.  And 
we  have  spent  that  season  to  the  comfort  of  our  poor 
souls,  and  in  some  measure  to  the  praise,  honour  and 
glory  of  the  Lord  our  God,  who  is  the  author  of  all 
our  mercies,  unto  whom  for  this  reason,  and  all  his 
goodness  to  us,  be  thanksgiving,  and  unto  his  blessed 
name  be  it  given,  henceforth  and  forever  more.  Amen, 
saith 

"Rowland  Owen." 

Something  over  six  months  after  the  meeting  above 
described,  the  boy,  who  was  then  visiting  in  Newington, 
a  short  distance  south  of  London,  wrote  for  the  meeting 
at  that  suburb,  "A  Little  Offering  offered  to  you,  my 
brethren  in  brotherly  love,  by  a  child  who  came  up  to 
see  how  it  fared  with  you,  my  honourable  brethren. 

"This  is  the  word  of  the  Lord  to  you,  fathers  and 
young  men — quench  not  the  spirit,  neither  despise 
prophecy,  lest  the  Lord  should  smite  you  with  dryness 
and  barrenness.  For  the  spirits  of  the  Prophets  are  to 
be  subject  to  the  Prophets,  and  we  all,  as  members  that 
are  useful,  are  to  be  subject  to  Christ,  our  head,  and 
one  to  another  in  Him.  And  if  any  be  otherwise  minded, 
and  lust  to  be  contentious,  I  see  no  such  custom  nor 
examples  in  the  churches  of  Christ.  Therefore  let  your 
words  be  few  and  savoury,  seasoned  with  grace,  that 
they  may  administer  life  to  the  hearers,  for  life  begets 


HIS  WELSH  ANCESTORS  7 

life,  and  death  begets  death.     Given  forth  by  one  whose 
name  is 

"Ellis  Lewis." 
"Newixgton,  2nd  of  nth  mo.,  1690."^ 

The  boy's  short  Hfe  of  a  dozen  years  had  witnessed 
the  makinp^  of  great  history.  Three  Kings  had  ruled  at 
London,  Charles  II,  James  II,  and  William  and  Mary, 
which  latter  he  might  have  seen  on  this  visit  to  Xewing- 
ton.  Two  short  years  before,  the  very  year  that  John 
Biinyan  died,  the  revolution  had  driven  James  from 
his  throne ;  and  while,  under  Charles,  the  child's  short 
career  had  seen  the  rise  of  the  Whigs  and  permanent 
political  parties  with  cabinet  government,  it  likewise  wit- 
nessed, under  William,  the  establishment  of  the  "Bill 
of  Rights,"  which,  with  Magna  Charta  and  the  Petition 
of  Right  of  1629,  forms  the  chief  part  of  the  British  Con- 
stitution that  is  written.  Since  his  birth,  too,  he  had 
beheld  the  ever  increasing  harshness  of  the  laws  against 
all  those  groups  of  Christians  who  dissented  from  the 
established  church,  until  the  Toleration  Act  of  William's 
time.^  And  the  very  year  this  letter  was  written,  the 
boy  must  have  heard  how  the  prosperous  Quaker  ex- 
periment in  government  on  the  banks  of  the  Delaware 
across  the  sea,  whither  many  of  their  friends  had  gone, 
had  received  a  severe  blow  in  the  arrest  and  species  of 
imprisonment  of  its  beloved  leader,  William  Penn,  who 
at  that  very  time  was  in  seclusion  in  London  under  sur- 
veillance of  the  King  and  Queen.  For,  since  the  boy's 
l)irth  King  Charles  had  not  only  created  Penn's  colony, 
but  he  and  James  after  him  had  more  than  once  granted 
it  royal  favor,  so  that  in  the  year  this  letter  was  written, 
when  King  William  was  having  great  difficulty  in  sup- 

'  These  two  papers  were  found  among  the  papers  of  Mrs.  Phoebe  Pember- 
ton,  who  (lied  in  1812,  and  was  a  granddaughter  of  this  boy.  They  were  pub- 
lished in  the  Bizarre  of  May  13th,  1854,  with  the  explanation  that  it  would  be 
interesting  "to  the  many  descendants  of  the  gentleman  in  this  city."  It  was 
found  by  William  D.  Lewis,  in  1862,  and  sent  to  Judge  Lewis  as  "relating  to  an 
old  namesake  of  yours."  In  "A  Collection  of  the  Sufferings  of  the  People 
called  Quakers,"  by  Joseph  Besse,  London,  1753,  Vol.  I,  p.  743,  an  account  is 
given  of  the  arrest,  abuse  or  imprisonment  of  Owen  Lewis  and  twenty-two 
others  in  Merionethshire  for  holding  meetings  for  worship  in  August,  1660. 
^lr.  Connor,  in  his  genealogical  outline,  raises  a  question  as  to  this  young 
exhortcr  being  a  cousin  of  the  proper  Ellis  Lewis,  but  the  author  inclines  to 
give  the  family  tradition  the   preference. 

2  It  must  be  recalled  that  these  harsh  acts,  beginning  with  those  laws  of 
the  6o's  called  the  Clarendon  Code,  were  political  rather  than  religious,  in- 
tended to  prevent  the  dissenters  uniting  politically  to  overturn  the  monarchy 
and  form  a  commonwealth  again.  It  was  chiefly  precaution,  rather  than 
retaliation. 


8  ELLIS  LEWIS 

pressing  the  uprisings  in  Ireland  caused  by  James' 
efforts  to  displace  him,  and  Penn  was  among  the  many 
who  received  written  appeals  from  the  deposed  King 
for  support,  the  King  and  Queen  arrested  the  Quaker 
leader  and  caused  him  to  seclude  himself  and  keep  away 
from  the  young  colony  bearing  his  name,  for  a  period  of 
three  years.  Furthermore,  this  absence  enabled  the 
King  to  take  over  the  colony  as  a  royal  province  under 
his  Captain-General  at  New  York  as  a  means  of  antici- 
pating the  moves  of  Louis  XIV  in  his  plans  to  further 
the  aims  of  both  the  deposed  James  and  himself,  by  an 
attack  on  the  colonies  at  that  point. 

About  eight  years  passed,  and  Ellis  Lewis,  then  about 
eighteen,  with  his  mother  and  Owen  Robert,  her  second 
husband,  and  other  members  of  the  family,  were  per- 
suaded by  their  friends  in  the  now  restored  colony  of 
Pennsylvania  to  make  preparations  for  a  voyage  thither, 
and  even  went  so  far  as  to  forward  their  household 
goods,  when  an  illness  in  the  family  caused  them  to 
abandon  their  departure  temporarily.^  The  delay  proved 
to  be  more  serious  than  was  intended,  for,  apparently, 
they  were  caught  up  in  the  movement  under  William 
and  Mary's  government  to  displace  the  Irish  Catholics 
with  Protestant  settlers  from  Britain,  and  were  carried 
past  Dublin  southwestward  through  Kildare  into  north- 
ern Queens  County  in  the  neighborhood  of  Mount  Mel- 
lick.-  Whether  the  ten  years  of  delay  was  all  spent  here 
cannot  be  known,  but  the  continual  strife  stirred  up  be- 
tween Catholics  and  Protestants  by  the  interests  for  and 
against  the  Pretender  after  Queen  Anne's  accession  were 
so  intensified  by  the  events  following  the  union  with 
Scotland  in  1707  and  consequent  aggressive  legislation 
in  Ireland  that  peaceful  Friends  must  have  had  little 
inducement  to  further  delay  removal  to  the  colony 
which  Rowland  Ellis  found  so  attractive.  Certain  it  is, 
that  Ellis  Lewis'  and  his  mother's  family  did  undertake 

^  There  can  be  little  doubt  that  it  was  the  appearance  in  London  of  a 
little  book,  written  by  one  who  had  lived  almost  continuously  in  the  Delaware 
settlements  since  the  founding  of  Penn's  colony,  namely,  Gabriel  Thomas, 
which,  in  considerable  degree,  caused  this  movement  to  America.  It 
was  entitled  "An  Historical  and  Geographical  Account  of  the  Province  and 
Country  of  Pensilvania;  and  of  West-New- Jersey  in  America,"  and  was  issued 
at  the  "O.ron  Arms  in  Warwick-Lane"  in  this  year  1698,  and  dedicated  to 
"Friend  William  Penn." 

-  Mount  Mellick's  fame  was  long  due  to  cotton  manufacture  by  a  colony 
of  Quakers.     Dolgelley  had  a  similar  fame. 


HIS  WELSH  ANCESTORS  9 

the  long  voyage  in  1708,  and  the  Mount  Mclhck  meeting 
gave  ElHs  a  certificate  on  "the  25th  of  the  5th  month" 
of  that  year,  in  which  it  is  stated  that  he  had  in  the  new- 
colony  at  that  time,  both  "substance"  and  "relations." 
He  was  at  tiiis  time  about  twenty-eight  years  old  and 
unmarried. 

The  impressions  of  the  country  that  he  may  have 
gained  from  Gabriel  Thomas'  little  book  and  its  map 
of  ten  years  before  must  have  remained  with  him, 
although  added  to  no  doubt  in  some  respects,  for  the 
little  book  was  capable  of  being  almost  as  influential 
as  Penn's  own  prospectuses  of  nearly  thirty  years  before. 
Thomas  had  explained  that  "the  late  tedious,  hazard- 
ous and  expensive  war  (in  which  England,  in  conjunc- 
tion with  the  allies  was  so  deeply  engaged)  was  without 
doubt  no  small  Bar  or  Obstacle  to  the  Flourishing  of 
this  new  country.  The  great  discouragement  the 
traders  thither  lay  under  (together  with  the  frequent 
capture  of  their  ships  out  and  home,  could  not  chuse 
but  baulk  them  in  their  honest  Endeavours,  which  (now 
peace  is  restored)^  they  may  pursue  with  greater 
security  and  satisfaction."  But,  notwithstanding 
"obstacles,"  Thomas  had  said  a  wonderful  colony  had 
been  built  up.  As  Lewis'  ship  approached  the  capes  he 
may  have  recalled  Thomas'  saying  that  "What  is  in- 
habited of  this  country  is  divided  into  six  Counties," 
meaning  those  from  Cape  "Hcnlope"  up  to  the  falls  of 
the  Delaware,  "though  there  is  not  the  Twentieth  Part 
of  it  yet  peopled  by  Christians'' ;  and  yet  "the  number  of 
Christians" — meaning  white  people — "both  old  and 
young  inhabiting  in  that  country  are,  by  a  modest  com- 
putation, adjudged  to  amount  to  above  twenty  thou- 
sand." "It  hath  in  it,"  said  Thomas,  "several  navigable 
rivers  for  shipping  to  come  in,  besides  the  capital  [or 
chief]  DWazcarf,  wherein  a  ship  of  Two  Hundred  Tuns  may 
Sail  Two  Hundred  Miles  up.  There  are  also  several  other 
small  Rivers,  in  number  hardly  Credible ;  '■'  *  *  and  it 
is  suppos'd  that  there  are  many  other  further  up  the 
country,  which  are  not  yet  discover'd."  And  Ellis 
Lewis  might  have  used  the  book  as  a  guide,  as  his  ship 
passed  up  the  bay  and  river,  for  it  noted  the  names  of 


'  He  was  writing  in  1697  or  '8,  for  this  is  from  the  Preface. 


10  ELLIS  LEWIS 

those  they  were  passing; :"HoorkiIl-Riz'cr,SL\ia.s  Lewis  River, 
which  runs  up  to  Lewis  Toivn,  the  chiefest  in  Sussex 
County;  Ccdar-Rivcr — M nskmcllon-Rivcr ,  all  taking  their 
names  from  the  great  plenty  of  these  things  growing 
hereabouts ;  Mother-Kill,  alias  Dover-River;  St.  Jones's, 
alias  Cranbrook-River ,  where  one  John  Curtice  lives,  who 
hath  three  hundred  head  of  neat  Beasts,  besides  great 
numbers  of  Hogs,  Horses  and  Sheep ;  Great  Duck-River, 
Little  Duck-River,  Black-Bird-River,  these  also  took  their 
Original  Names  from  the  great  number  of  those  Fowls 
which  are  found  there  in  vast  quantities.  Apsequinemy- 
River,  where  their  goods  come  to  be  carted  over  to  Mary- 
Land;  St.  George' s-Rivcr,  Christen-River,  Brandy-Wine- 
River,  Upland,  alias  Chester-River,  which  runs  by  Chester- 
Town,  being  the  Shire  or  County-Town ;  S choolkill-River , 
Frank  ford-River,  near  which  Arthur  Cook  hath  a  most 
stately  Brick-House ;  and  N eshaminy-River ,  where  Judge 
Growden  hath  a  very  noble  and  Fine  House,  very  pleas- 
antly situated,  and  likewise  a  famous  Orchard  adjoyning 
to  it,  wherein  are  contained  above  a  Thousand  Apple  Trees 
of  various  sorts ;  likewise  there  is  the  famous  Derby- 
River,  which  comes  down  from  the  Cumbry" — the  Welsh 
settlements  toward  Radnor — "by  Derby-Town,  wherein 
are  several  Mills,  viz.,  Fulling-Mills,  Corn-Mills,  &c."  He 
had  thus  passed  the  counties  of  Sussex,  Kent  and  New 
Castle — not  yet  a  wholly  separate  colony  (Delaware) — 
and  then  passed  Chester  and  Philadelphia  Counties 
almost  up  to  the  last  one — Bucks,  when  he  might  have 
as  he  approached  Philadelphia,  recalled  Thomas'  de- 
scription of  it,  and  indeed  all  the  way  up  have  passed 
evidences  of  the  city's  "great  and  extended  Traffique  and 
Commerce,"  "to  Nezv-York,Nezv-England,  Virginia,  Mary- 
Land,  Carolina,  Jamaica,  Barbadoes,  Nevis,  Montferat, 
Antego,  St.  Christopher's,  Barumdoes,  Nezv-Found-Land, 
Maderas,  Saltetudeous  and  Old-England;  besides  several 
other  places" — the  vessels  generally  containing  "Horses, 
Pipe-Staves,  Pork  and  Beef  Salted  and  Barreled  up.  Bread 
and  Flozver,  all  sorts  of  Grain,  Pease,  Beans,  Skins,  Furs, 
Tobacco  or  Pot-Ashes,  Wa.v,  &c.,  which  are  Barter'd  for 
J^um,  Sugar,  Molasses,  Silver,  A'cgroes,  Salt,  Wine, 
Linen,  Honschold-Goods,  &c.  He  may  have  tried  to 
make  out  as  they  came  up  before  the  city  the  "Curious 


P  Ei>rTsr  .s  vi.v  Ai^riA  .w  AV  i:  ,^  i^  J  K  R  s .-ey^ 


Pennsylvania  in   1698 

From  the  map   in   the  first  edition   of  Galiriel  Thomas'  account   of  that   colony, 

at    tlic    Historical    Society    of    Pennsylvania.    Philadelpliia 


HIS  WELSH  ANCESTORS  ii 

Wharfs,  as  also  several  large  and  fine  Timbcr-Yards," 
especially,  as  Thomas  said  "before  Robert  Turner's  Great 
and  Famous  House,  where  are  built  ships  of  considerable 
Burthen  ;^  they  cart  their  goods  from  that  wharf  into 
the  city  of  Philadelphia,  under  an  Arch,  over  which 
part  of  the  Street  is  built,  which  is  called  Chcsnut-Strect- 
Wharf,  besides  other  Wharfs,  as  High-Street  [Market] 
Wharf,  Mnlberry-Street-Wharf ,  and  Vinc-Street-Wharf," 
and  a  few  others.  And  what  did  Thomas'  books  say  of 
this  fringe  of  houses  along  the  banks  of  the  Delaware? 
"It  contains  above  two  thousand  Houses,  all  Inhabited ; 
and  most  of  them  Stately,  and  of  Brick,  generally  three 
Stories  high,  after  the  Mode  in  London,  and  as  many 
several  Families  in  each.  There  are  very  many  Lanes 
and  Alleys,  as  First,  Hnttons-Lane,  Morris-Lane,  J  ones' s- 
Lane,  wherein  are  very  good  Buildings ;  Shorters-Alley 
Tozvers-Lane,  Wallers- Alley,  Turners-Lane,  Sikes-Alley,  and 
Flowers- Alley.  All  these  Alleys  and  Lanes  extend  from 
the  Front  Street  to  the  Second  Street.  There  is  another 
Alley  in  the  Second  Street,  called  Carters-Alley.  There 
are  also  besides  these  Alleys  and  Lanes,  several  fine 
Squares  and  Courts  within  this  magnificent  city  (for  so 
I  may  justly  call  it).  As  for  the  particular  Names  of 
the  several  Streets  contained  therein  the  Principal  are 
as  follows,  viz.,  Walnut- Street,  Vine-Street,  Midherry-Street, 
Chesnnt-Strcet,  Sassafras-Street,  taking  their  names  from 
the  abundance  of  those  Trees  that  formerly  grew  there ; 
High-Street,  Broad-Street,  Delaware-Street,  Front-Street, 
with  several  of  less  Note,  too  tedious  to  insert  here." 
The  parts  of  all  these  cross-streets  referred  to  were,  of 
course,  within  two  or  three  squares  of  the  Delaware 
banks,  while  Broad  Street  was  a  region  of  country 
houses,  not  only  then,  but  for  nearly  a  century  after- 
wards. Thomas  admits  that  the  place,  Philadelphia,  is 
"so  obscure  that  neither  the  Map-Makers,  nor  Geographers, 
have  taken  the  least  notice  of  her,  tho  she  far  exceeds 
her  Namesake  of  Lydia  [in  Asia  Minor],"  for  he  asserts 
that  she  has  "Two  Thousand  Noble  Houses  for  her  Five 
Hundred  Ordinary" ;  but  he  expressed  the  belief  that 
she  would  shortly  "be  a  most  Celebrated  Emporeiim." 

'  Turner,  Growden  and  Cook  were  leaders  in  the  colony  and  served  in  both 
Assembly  and  Provincial  Supreme  Court. 


12  ELLIS  LEWIS 

The  past  ten  years  had  done  much  to  hasten  that 
consummation,  and  ElHs  Lewis,  on  landing,  as  he  may 
have  done  some  time  in  August,  1708,  saw  evidences  of 
many  improvements.  For  one  thing,  plans  were  on  foot 
for  the  first  Court  house  at  the  top  of  the  hill  in  the  center 
of  High  (now  Market)  Street,  at  Second,  not  far  from 
the  woods ;  for  at  the  April  meeting  of  Governor  Evans' 
Council  it  had  been  denounced  as  a  shame  that  "Here, 
in  the  Capital  town  of  Govrmt.,  the  Magistrates  are 
obliged  to  hold  Courts  in  an  ale  house"  !^  And  even  the 
Assembly,  which  was  in  session  this  very  month,  with 
their  great  leader,  David  Lloyd,  as  Speaker,  leading  them 
in  a  contest,  which,  before  the  leaves  fell  in  autumn, 
would  secure  the  replacement  of  Evans  with  a  new 
Governor,  was  compelled  to  meet  in  a  private  house, 
as  it  had  since  the  beginning,  most  of  the  time  in  Front 
Street.-  This  was  no  serious  matter  though,  for  the 
legislative  body  had  only  twenty-six  members  from  the 
three  counties,  so  that  its  quorum  was  often  scarcely 
a  score.  Even  the  Provincial  (or  Supreme)  Court,  which 
held  its  sessions  in  all  three  counties,  had  no  better 
accommodations  in  Philadelphia ;  but  neither  was  this 
any  great  matter,  for  their  meetings  were  few,  short  and 
far-between,  as  the  Assembly  had  been  fighting  for 
nearly  a  quarter  of  a  century  to  establish  its  judiciary 
system  by  law,  and  Judges  often  refused  to  serve  at  all.^ 

Lewis,  however,  did  not  purpose  living  in  Philadel- 
phia. Thomas  had  said  that  "in  this  Province  are  Four 
Great  Market-Towns,  viz.,  Chester,  the  German  Tozvn,  New 
Castle,  and  Lewis-Tozvn" — the  last  two,  of  course,  being 
ill  what  is  now  Delaware.  "Between  these  Towns,"  said 
Thomas,  "the  Water-Men  constantly  Ply  their  Wherries; 
Likewise  all  those  towns  have  Fairs  kept  in  them,  besides 
there  are  several  Country  Villages,  viz.,  Dublin,  Harford 
[Haverford],  Merioneth  [Merion],  and  Radnor  in  C ambry; 
all  which  Tozvns,  Villages  and  Rivers  took  their  names 
from  the  several  Countries  whence  the  present  Inhabitants 

'  Colonial  Records,  Vol.   II,  p.  409. 

-Mease  (181 1),  in  his  "The  Picture  of  Philadelphia,"  page  318,  intimates 
that  the  sessions  were  held  in  private  houses  in  Front  Street  even  after  the 
court   house   was   finished. 

^  One  of  the  most  serious  troubles  of  this  date  was  the  power  of  any  plain- 
tiff or  defendant  to  get  a  "corner"  on  the  lawyer  supply.  A  complaint  was 
niade  before  the  Governor's  Council  in  April  of  this  year  that  Judge  Growden 
himself  had  done  so,  but  he  denied  it — said  he  never  employed  but  one. 


Prepared  from  original  sources  by  the  aullior.     (see  footnrte,  patje  18) 


HIS  WELSH  ANCESTORS  13 

came."  And  it  was  the  village  of  Haverford  where  his 
Uncle  Rowland  Ellis  lived  that  was  apparently  the  first 
objective  of  Ellis  Lewis. ^ 

Just  where  he  lived  for  the  next  five  years  does  not 
appear,  although  it  was  near  Concord  after  the  first  year ; 
but  it  is  known  where  he  finally  settled,  and  that  about 
his  old  home  still  hangs  a  famous  tale.  Even  while  in 
Mount  Mellick  he  must  have  heard,  or  even  read,  if 
he  had  chosen  to  look  up  the  records  of  their  "Meeting," 
how  one  of  the  leading  men,  Nicholas  "Newlands,"  as 
they  wrote  it,  or  "Newlin,"  as  he  himself  preferred,  had, 
in  February,  1683,  been  reluctantly  granted  a  certificate 
of  removal  to  Pennsylvania  because  he  coveted  more 
"worldly  libert}'"  than  Ireland  afforded ;  and  that  he  and 
his  twenty-three-year-old  son  Nathaniel  had  gone  there 
with  the  family.  Lewis  must  have  heard  how,  after  Penn 
left,  he  was  a  member  of  the  Provincial  Council,  lieaded 
by  Thomas  Lloyd,  for  almost  three  years  (1685-87)  ; 
how  he  was  a  Justice  of  the  Chester  Courts  and  a  man 
of  great  wealth ;  how,  after  his  death,  his  son.  Nathaniel, 
had  become  equally  influential — a  member  of  Assembly 
several  times,  and  even  this  very  year  of  special  interest, 
1713,  he  was  one  of  the  able  supporters  therein  of  his 
fellow-member  from  Chester  and  powerful  leader,  David 
Lloyd.-  Lewis  must  have  recalled  how  Newlin  had  been 
a  member  of  the  stormy  Assembly  of  1700,  with  Rowland 
Ellis  and  others,  when  a  new  "Frame"  or  constitution 
of  government  was  desired  by  the  Assembly,  and  how 
Newlin  was  made  a  member  of  the  committee  to  draft 
it.""*  And  Lewis  became  a  frequent  visitor  at  the  brick 
residence   of   the    Hon.    Nathaniel    Newlin    at    Concord, 

'  Young  Lewis  had  lost  his  father  before  1700  and  his  mother,  Mary,  had 
married  Owen  Roberts.  The  family  seems  to  have  all  come  together  and.  like 
Rowland  Ellis,  settled  in  Gwynedd.  H.  M.  Jenkins,  in  his  "Historical  Col- 
lections of  Gwynedd,"  gives  a  letter  of  1-16  addressed  to  Owen  and  Mary  Rob- 
erts by  Benjamin  and  Ann  Mendenhall  of  Concord,  in  which  Ellis  Lewis  is 
referred  to.  Kllis  Lewis'  mother  was  alive  in  1732-3,  as  she  is  mentioned  by  him 
in  his  first  will  of  that  date,  an  instrument  which  was  in  1894  in  possession  of 
Thomas  PL  Darlington  of  West  Chester,  according  to  Futhey  and  Cope's  history 
of  Chester  County. 

-  The  votes  of  .Xssembly  of  1713  show  Newlin  to  have  been  the  usual 
choice,  with  one  other,  to  notify  the  Governor  of  various  desires  of  the  Assem- 
bly; while  David  Lloyd  was  usually  chairman  of  important  committees  for 
drafting  laws  or  addresses.  Ellis  Lewis  is  said  by  Futhey  and  Cope,  p.  669,  to 
have  moved  within  the  bounds  of  Concord  Meeting  in  1709,  the  year  after  his 
arrival,  where  the  Mendenhalls  and  Newlins  both  owned  much  land.  See 
Smith's  Atlas  of  Delaware  Countv,  map  5. 

•'  Votes  of  Assembly,  Vol.  t,  p.  123.  Newlin  was  afterwards  one  of  the 
Proprietary's  Commissioners  of  Property  and  a  trustee  of  the  Provincial  Loan- 
OfHce.  He  later  became  owner  of  a  7.000-acre  tract  of  land  which,  as  a  town- 
ship, still  bears  his  name.     Futhey  and  Cope's  History,  p.  669. 


14  ELLIS  LEWIS 

because,  being  a  bachelor  of  thirty-three  years,  he  had 
conchided  that  Miss  EHzabeth  NewHn,  some  seven  years 
younger,  sliould  become  his  wife.^  After  their  marriage 
at  Concord  Meeting  in  1713,  they  lived  but  three  years 
near  Concord,  and  finally  settled  at  Kennett,  where, 
among  other  children,  the  last  child,  a  third  son,  was 
born  May  22,  1719,  and  given  his  own  name,  Ellis  Lewis, 
junior.-  This  child  hardly  emerged  from  babyhood 
before  he  lost  his  mother,  and  on  the  nth  of  March, 
1723,  his  father  was  married  again,  this  time  to  the 
Widow  Mary  Baldwin,  at  Falls  Meeting  in  Bucks 
County.^ 

Mr.  Lewis  had  no  children  by  his  second  marriage, 
but  he  must  have  been  prosperous.  He  owned  a  mill, 
and  when  they  had  been  married  four  years  a  home  was 
built  opposite  on  the  hill,  which  has  become  famous  the 
world  over  wherever  "The  Story  of  Kennett"  has  been 
read.*  Indeed,  Ellis,  junior,  might  have  had  many  of 
the  experiences  of  Taylor's  hero,  Gilbert  Potter.  "The 
house,"  reads  the  novelist's  very  accurate  description, 
"built  like  most  other  old  farm  houses  in  that  part  of 
the  county,  of  hornblende  stone,  stood  near  the  bottom 
of  a  rounded  knoll,  overhanging  the  deep,  winding  valley. 
It  was  two  stories  in  height,  the  gable  looking  towards 
the  road,  and  showing,  just  under  the  broad  double  chim- 
ney, a  limestone  slab,  upon  which  were  rudely  carved 
the  initials  of  the  builder  and  his  wife,  and  the  date 
^1727.'  A  low  portico,  overgrown  with  woodbine  and 
trumpet-flower,  ran  along  the  front.  In  the  narrow 
flower-bed,  under  it,  the  crocuses  and  dafifodils  were 
beginning  to  thrust  up  their  green  points.  A  walk  of 
flag-stones  separated  them  from  the  vegetable  garden, 
which  was  bounded  at  the  bottom  by  a  mill-race,  carry- 
ing half  the  water  of  the  creek  to  the  saw  and  grist  mill 
on  the  other  side  of  the  road.  Although  this  road  was 
the  principal  thoroughfare  between  Kennett  Square  and 
Wilmington,  the  house  was  so  screened  from  the  observa- 

^  Miss  Newlin  was  born  March  3,  1687,  or,  in  old  form,  ist  mo.  3rd,  1687- 
8.     Futhey  and  Cope,  p.  669. 

"  Conner's    "Pedigree." 

"There  were  four  children:  Robert,  born  March  21,  1714;  Mary,  on  March 
6,  1716,  and  married  to  Joshua  Pusey;  Nathaniel,  born  December  11,  1717;  and 
Ellis,  junior.      Futhey  and  Cope,  p.  635. 

■*  The  Story  of  Kennett,  by  Bayard  Taylor.  The  Putnam  edition  of  1902 
lias  a  view  of  this  house  on  the  cover.     The  description  is  on  pages  23-4. 


The    Lewis    House,    Kennett   Square 


HIS  WELSH  ANCESTORS  IS 

tion  of  travellers,  both  by  the  barn  and  by  some  huge, 
spreadinc^  apple-trees  which  occupied  the  space  between 
the  garden  and  the  road,  that  its  inmates  seemed  to  live 
in  absolute  seclusion.  Looking  from  the  front  door 
across  a  narrow  green  meadow,  a  wooded  hill  completely 
shut  out  all  glimpse  of  the  adjoining  farms;  while  an 
angle  of  the  valley,  to  the  eastward,  hid  from  sight  the 
warm,  fertile  fields  higher  up  the  stream." 

And  here  Ellis  Lewis,  junior,  spent  a  large  part  of 
his  3'outh ;  not  all,  indeed,  for  he  was  of  an  adventurous 
spirit,  and  required  even  more  "worldly  liberty"  than 
his  great-grandfather,  Nevvlin.  When  ten  years  old  he 
might  have  heard  how  the  Assembly  at  Philadelphia, 
presided  over  by  the  venerable  Chief  Justice,  David. 
Lloyd — his  last  service  as  Speaker — had  objected  to  the 
great  influx  of  "Irish  Papists  and  convicts"  into  the 
population  and,  as  they  believed,  the  consequent  dis- 
orders ;  and  of  how  the  increased  population  necessitated 
an  increase  of  paper-money — 50,000  pounds,  the  Assem- 
bly thought,  and  30,000,  Governor  Gordon  believed ;  how 
the  new  settlers  in  "upper  Chester  County" — the  "upper 
Parts  of  the  Province  of  Pennsylvania,  lying  towards 
Sasquehanna,  Concstogoe,  Donncgal,  Sec,"  asked  for  a  fourth 
county,  and  how  the  Governor,  while  claiming  that 
he  had  the  right  to  create  counties  and  cities,  yet  yielded 
to  the  Assembly  because  it  would  involve  new  members 
in  that  body;  how  it  was  passed  on  May  10  (1729),  and 
the  new  county  beyond  the  Octoraro  and  Schuylkill  to 
wherever  the  Province  might  end  was  to  be  called  Lan- 
caster. He  may  not  have  known,  however,  that  no  Indian 
lands  had  been  secured  west  of  the  Susquehanna,  and 
probably  none  Init  traders  thought  of  settling  so  far  into 
the  wilderness.^     But,  seven  years  later,   late   in    1736, 


'Votes  of  Assembly,  Vol.  Ill,  pp.  69-71;  and  Hall  and  Sellers  Laws  of 
Pennsylvania,  1700-75,  p.  152.  For  maps,  etc.,  illustrating  Indian  purchases 
see  "The  Life  and  Times  of  Thomas  Smith,  1745-1809,  a  Pennsylvania  Member 
of  the  Continental  Congress,"  by  Burton  Alva  Konkle,  p.  28,  et  al.  The  accom- 
panying map  of  the  original  Lancaster  County  is  the  first  made,  so  far  as  the 
author  is  aware.  The  vagueness  of  outline  is  due  to  the  fact  the  settle- 
ments were  within  the  last  Indian  purchase  of  1718,  and  the  law  did  not 
allow  settlement  beyond.  The  county  legally  extended,  however,  to  the  lim- 
its of  Penn's  colony  grant.  The  terms  of  the  boundary  part  of  the  act  arc  inter- 
esting: "Be  it  enacted  by  the  Honourable  Patrick  Gordon,  Esf|.,  (lovcrnor  of 
the  Province  of  Pennsylvania,  I'ic,  by  and  with  the  advice  and  consent  of  the 
Freemen  of  said  Province,  in  Assembly  met,  and  hy  the  Authority  of  the  same. 
That  all  and  singular  the  Lands  within  the  Province  of  Pennsylvania,  lying 
to  the  Northward  of  Octcraro  Creek,  and  to  the  Westward  of  a  Ime  of  marked 
Trees,  running  from  the  North  Branch  of  said  Octoraro  Creek,  Northeasterly 
to   the   River   Schuylkill,    be   erected   into   a   County,   and   the   Same   is  hereby 


i6  ELLIS  LEWIS 

when  he  was  a  young  man  of  seventeen  or  eighteen,  and 
he  had  no  doubt  heard  how  many  venturesome  settlers 
had  crossed  the  Susquehanna  into  Indian  lands  and 
caused  so  much  trouble  both  with  the  Indians  and  Mary- 
landers  that  a  council  just  held  in  Philadelphia  had 
bought  more  titles  to  land  all  the  way  back  to  the  "Ke- 
kachtanium  Hills"  and  now  the  lands  were  open.^  The 
exodus  for  the  new  lands  particularly  enlisted  the  new 
German,  Irish  and  Scotch  settlers,  and  the  young  men 
of  the  old  counties,  notably  Chester,  and  young  Ellis 
Lewis  joined  a  company  composed  of  Thomas  Hall,  John 
McFesson,  Joseph  Bennett  and  John  Rankin.  They 
were  on  horse-back,  and  when  they  came  to  the  Susque- 
hanna found  no  mode  of  crossing  but  canoes ;  but  Ben- 
nett, Rankin  and  Lewis,  who  seemed  equal  to  all 
emergencies,  fastened  two  canoes  abreast,  placed  the 
horses'  fore-feet  in  one  and  the  hinder  feet  in  the  other, 
and  succeeded  in  transporting  their  animals  to  the  prom- 
ised land!  They  finally  reached  the  virgin  valley  just 
over  the  hills  below  John  Harris'  trading  post  and  ferry, 
now  Harrisburg,  and  staked  their  claims  on  the  red  soil 
and  underlying  red  rock  of  what  they,  in  consequence, 
named  the  Red  Land  Valley.  As  Bennett  seemed  to  be 
the  leader  of  this  trio  of  adventurous  spirits,  the  creek 
in  the  midst  of  it  was  given  his  name." 

As  the  seasons  passed,  the  Red  Land  Valley  got 
rather  more  than  its  share  of  westward  settlers,  as  it  was 
a  great  favorite  with  Chester  County  Friends,  who 
added  to  its  population  nearly  every  year.  And  about 
eight  years  later,  when  Ellis  Lewis  had  become  a  man 
of  twenty-five,  he  went  back  to  the  old  Birmingham 
Meeting,   northwestward   of   Concord,   where,   on  April 

erected  into  a  County,  named,  and  from  henceforth  to  be  called  Lancaster- 
County";  and  these  lines  with  the  Schuylkill  were  to  be  the  boundaries  be- 
tween it  and  Chester  and  Philadelphia  Counties.      The  Italics  are  the  author's. 

'  Colonial  Records,  Vol.  IV,  p.  88.  These  are  the  Kittatinny  or  Blue 
Mountains. 

^  History  of  York  County,  by  W.  C.  Carter  and  A.  J.  Glossbrenner,  1834, 
p.  28.  Ellis  Lewis,  Senior,  lived  at  the  old  place  at  Kennett  until  1749,  when  he 
"went  to  the  city" — Wilmington — and  died  there  the  next  year,  on  August  31 
(1750).  (Futhey  and  Cope,  p.  635.)  His  will  was  proved  at  New  Castle  on 
October  29th  following  (Book  G.,  Vol.  I,  p.  430),  and  is  now  at  Wilmington  in 
the  Register  of  Wills'  office.  His  property  was  equally  divided  between  his  four 
children,  after  certain  provisions  for  his  wife,  his  brother's  children,  and  two 
cousins,  daughters  of  Rowland  Ellis.  Lewis  bore  out  in  life-long  character  the 
indications  of  his  youth,  as  "a  man  of  good  understanding"  and  long  an  elder 
of  Friends.  He  was  buried  at  Kennett.  The  old  place  was  advertised  for 
sale  in  the  Gazette  by  Ellis,  the  son  of  his  eldest  son,  Robert,  shortly  before 
the  Revolution. 


Prepared  from  original  sources  l)y  the  autlior 


HIS  WELSH  ANCESTORS  17 

25th  (1744),  he  secured  a  wife,  in  the  person  of  Ruth, 
the  daughter  of  John  Wilson,  and  made  him  a  home  of 
his  own  in  the  beautiful  Red  Land  Valley  of  imperial 
Lancaster  County.^  The  following  year  he  took  a  cer- 
tificate to  the  Sadsbury  Meeting  in  that  county,  it  Is 
said,  and  the  records  of  some  of  the  meetings  of  which 
he  became  a  member  show  that  he  required  a  "worldly 
liberty"  in  "high  living,"  to  which  the  Friends  objected, 
especially  in  the  use  of  "liquer" — not  an  uncommon 
incident  of  frontier  life  of  that  day.-  He  was  an  important 
man  of  his  community,  and  in  later  years  became  a 
trustee  of  the  school  in  Newberry  Township,  and  a  man 
held  in  high  esteem,  but  it  was  years  before  he  gave  up 
"high  living."'* 

He  had  been  married  but  five  years,  when  the  growth 
in  the  vast  county  of  Lancaster  beyond  the  Susquehanna 
was  so  great  that  in  the  summer  of  1749  he  joined  the 
other  settlers  in  the  region  between  the  South  Mountain 
and  that  river  who  appealed  to  Governor  Hamilton  and 
the  Assembly,  then  at  the  new  State  House  in  the 
western  part  of  Philadelphia,  where  Chief  Justice  John 
Kinsey,  like  David  Lloyd,  before  him,  sat  as  Speaker, 
and  Benjamin  Franklin  was  Clerk — urging  the  creation 
of  a  fifth  county,  to  be  called  York.  This  course  stirred 
the  people  in  the  Cumberland  Valley  beyond  them  to 
demand  a  sixth  county.  The  one  was  granted  in  August, 
and  its  boundaries  limited  as  above  indicated,  but  the 
other,  Cumberland,  was  created  the  following  January 
and  contained  the  remainder  of  the  former  imperial 
domain  of  Lancaster  to  the  bounds  of  the  province — 
"bounded  northward  and  westward  with  the  line  of  the 
province,"  says  the  act  itself,  "eastward  partly  with  the 
river  Susquehanna,  and  partly  with  the  said  county  of 


'  Concord  Meeting  Record,  \'ol.  I,  p.  159. 

'  The  records  of  the  Warrington  meeting  show  that  "liquer"  was  used  in 
the  harvest  field,  but  it  was  a  serious  matter  to  get  "light-headed."  One  of  his 
two  old  friends  tried  to  avoid  sunstroke  in  this  way  and  explanations  were 
required.       Warrington   Monthly   Meeting   Records,    1747-1856,   p.   2. 

■'•  This  "high  living"  must  be  interpreted  in  the  light  of  severe  Quaker 
spirituality,  and  not  other  than  the  side-board  customs  of  most  leading  families 
of  that  day.  It  was  a  species  of  "worldly  liberty."  He  took  his  letter  back  to 
Kennett  in  1753,  and  Kennett,  after  disowning  him  for  a  time,  gave  him  a  cer- 
tificate in  1770  to  Warrington  Meeting  on  his  giving  up  his  "worldly"  tastes. 
The  records  show  that  he  was  an  exemplary  Friend  ever  afterwards — events 
which  have  no  small  bearing  on  the  rest  of  this  narrative.  Abstract  of  War- 
rington Monthly  Meeting,   1747-1850,  p.  321,  and  also  other  records. 


i8  ELLIS  LEWIS 

York,  and   i)art   by  the  line  dividing  the   said   province 
from  that  of  Maryland."^ 

Not  far  from  the  time  when  the  news  spread  over 
the  province  that  the  aged  Quaker  leader,  Chief  Justice 
and  long-time  Speaker  of  the  Assembly,  John  Kinsey, 
was  stricken  with  apoplexy  one  day  while  visiting  in 
Burlington — an  event  that  heralded  the  downfall  of 
Quaker  control  in  the  government  of  the  province — 
Air.  and  Mrs.  Lewis  had  born  to  them  a  son,  whose 
advent  occurred  the  last  day  of  January,  1756,  and 
whose  name  was  Eli.-  When  he  was  about  four  years 
old  his  mother  got  a  certificate  to  Warrington  Meeting 
for  herself  and  young  Eli,  and  the  young  man  grew  up 
in  the  little  settlement  about  his  home,  which  was  finally 
to  bear  his  name.  Like  his  father  before  him,  when  he 
was  about  eighteen  years  old,  and  the  first  rumblings 
of  the  impending  trouble  with  the  mother-country  arose, 
young  Eli  went  to  Philadelphia,  the  place,  no  doubt, 
where  he  learned  the  printer's  trade,  which  Mr.  Franklin 
had  been  making  so  popular  and  powerful.^  He  appears 
to  have  been  there  about  a  year  and  a  half  (at  least  that 
is  the  period  between  his  certificate  of  removal  and  re- 


^  Dallas'  "Laws,"  Vol.  I,  p.  330.  As  the  original  bounds  of  Philadelphia 
and  Bucks  Counties  bear  upon  these  boundaries,  it  may  be  stated  that  the 
original  three  counties  were  only  vaguely  indicated  by  Penn  in  a  private  con- 
versation with  Surveyor  Holmes,  who  put  them  upon  his  map  with  equal  vague- 
ness of  county,  though  not  of  township  lines.  Gilbert  Cope  says  "it  is  said" 
that  this  was  done  November  25,  1682,  but  he  knows  no  authority  for  it.  This 
was  the  pviblic  understanding  also,  for  so  late  as  April,  1685,  "several  members 
of  Councill"  witnessed  that  the  Governor  had  said  that  "Poaquesson  Creek" 
with  Southampton  and  Warminster  Townships,  "and  thence  backward"  was, 
and  they  declared,  should  henceforth  be  the  Bucks-Philadelphia  line,  and  one 
of  the  counsellors  was  Nicholas  Newlin,  himself.  As  to  Chester,  "Symcock" 
and  Wood  witnessed  that  Penn  had  told  them  "Bough  Creek,"  at  upper  end  of 
Tinicum  Island,  to  Mill  Creek,  etc.,  making  the  irregular  line  to  the  Schuyl- 
kill, now  so  well  known,  and  the  said  Schuylkill  "afterwards  to  be  the  natitrall 
bounds."  (Col.  Rec,  Vol.  I,  p.  126.)  Even  in  March,  1689,  the  matter  was  up 
again  in  Council,  who  seemed  to  be  ignorant  of  such  a  vital  matter.  They 
took  deposition  and  Thomas  Usher,  Chester's  sheriff,  told  why  Penn  wanted 
the  Philadelphia  line  to  go  beyond  Schuylkill,  namely,  because  robbers  could 
get  away  from  the  city  too  easily.  He  also  said  Penn  intended  to  enlarge  the 
county  down  to  the  Brandywine.  Council  stood  by  the  record  of  1685,  after 
they  found  it!  Therefore  the  projection  of  the  Bucks  County  southerly  line 
to  the  limits  of  the  province  completed  the  original  bounds  of  Bucks  County; 
and  the  Schuylkill  source  would  be  the  end  of  the  line  of  separation  between 
Chester  and  Philadelphia,  beyond  which  they  would  merge  until  it  became 
necessary  to   define  them.     (lb.,   p.   263-4.) 

-  They  had  but  one  other  child— Ellis,  who  died  some  time  previous  to  his 
father's  death,  the  latter  event  occurring  between  December  28,  1794.  and  Feb- 
ruary 16,  179s,  at  the  age  of  nearly  seventy-six  years.  Abstract  of  York  Wills, 
p.  299. 

»  He  was  given  a  certificate  to  the  Southern  District  of  Philadelphia  the 
8th  of  January,  1774,  and  returned  one  June  10,  the  following  year.  Abstract 
of  Warrington  Records,  p.  321.  A  quaint  old  home-wrought  pocket-book  was 
made  for  him  in  1774,  with  the  year  and  his  initials  worked  in  them,  presented 
no  doubt  for  this  journey.  It  is  now  in  possession  of  Miss  Josephme  Lewis, 
Philadelphia,  and  contains  the  parchment  certificate  of  marriage  of  the  first 
Ellis  Lewis  to  Mary  Baldwin. 


HIS  WELSH  ANCESTORS  19 

turn),  but  when  it  became  evident  in  May  (1775)  that 
the  Assembly  was  to  join  the  Continental  Congress,  and 
were  beginning  to  break  with  Governor  John  Penn,  he 
got  his  letter  before  the  June  meeting  of  the  Assembly 
and  was  back  in  the  Lewis  settlement  of  Red  Lands 
Valley  by  the  loth  of  the  latter  month. 

Now,  his  father,  Ellis,  had  five  years  before  abandoned 
all  desire  for  "worldly  liberty,"  and,  as  far  as  can  be 
known,  was,  like  most  Quakers  in  York  County  as  well 
as  elsewhere,  opposed  to  war  and  the  taking  of  oaths  as 
much  as  the  free  use  of  "liquer."  So  young  Eli  had 
a  painful  choice  to  make  when  the  Associators  began 
organizing  that  autumn,  and  it  became  evident  that  in 
that  respect  he  would  require  "worldly  liberty."  Events 
moved  rapidly.  Two  companies  had  already  been 
formed  in  York  County  before  he  came  home,  and  imme- 
diately after  his  return  the  summer  was  noisy  with 
Associators  and  militia  organizations.  L^nfortunately 
there  seems  to  be  no  record  of  his  course  in  1775-6,  but 
he  must  have  had  even  modest  part  in  military  prepara- 
tions, for  in  1777,  when  operations  against  Philadelphia 
aroused  the  State,  he  was,  on  October  ist,  commissioned 
Major  of  the  First  Battalion  of  York  County  Associa- 
tors, and  it  is  said  that  he  took  part  in  the  battles  of 
Brandywine  and  Germantown,  becoming  a  prisoner 
either  then  or  soon  after  in  the  old  Sugar  House  in 
Philadelphia.^  He  must  have  been  soon  released  on 
parole,  for  several  months  before  the  evacuation  of 
Philadelphia  he  was  at  Wilmington,  Delaware,  and  in 
Maryland,  in  which  latter  State  he  writes  a  very  cir- 
cumspect letter  on  January  29,  1778,  to  his  father,  be- 
ginning with  "I  have  more  leisure  and  opportunity  to 
write  more  largely  than  heretofore."  He  wrote  again 
from  Wilmington,  when  he  said,  "I  continue  making 
cards.-  We  have  no  news  in  town,  but  what  the 
Papers  relate.  In  which  the  accounts  of  the  Indians  are 

*  Pennsylvania  Archives,  Vol.  XXIII,  p.  464,  in  a  "Miscellaneous  List  of 
Revolutionary  officers,"  for  the  commission  only.  He  is  said  to  have  had 
command   of  protection  of  line  of  supply  train. 

^  As  a  printer,  he  was  in  all  prohability  making  visiting  cards,  which, 
according  to  custom,  were  playing  cards  with  tlie  person's  name  printed  on 
the  plain  white  back.  Cards  of  this  kind  can  be  seen  at  the  Pennsylvania  His- 
torical Society.  John  Paul  Jones  had  such  cards,  the  backs  having  a  border 
and  his  name  printed  thereon.  The  author  has  a  photograph  of  the  latter 
card  kindly  furnished  by  Mr.  Uringhurst,  of  Wilmington.  Wool-carding 
machines  were  also  made  at  that  city,  but  the  probabilities  point  to  printing  as 
his   occupation. 


20  ELLIS  LEWIS 

very  Terrifying,  But  perhaps  your  accounts  from  them 
are  more  favourable.  Since  I  wrote  last  I  saw  an 
inhabitant  of  York  Town  who  gives  me  a  more  favour- 
able account  from  there  than  I  expected  to  hear.  There 
has  been  strange  overturnings  in  the  face  of  things 
beyond  what  many  who  were  accounted  people  of  reflec- 
tion imagined" — no  doubt  referring  to  the  evacuation 
of  Philadelphia  by  the  British  in  June,  as  he  was  writing 
"August  the  9th,  1778."  "A  considerable  succession  of 
Events,"  he  continues,  "seems  to  convince  many  that 
Providence  is  about  to  Establish  an  Empire  in  our 
Western  World,  Nor  think  It  strange  when  the  History 
of  every  Age  From  the  Confusion  of  Tongues  to  the 
present  time  furnish  us  with  Instances  of  the  like  kind. 
God  has  ever  appear'd  to  have  This  grand  design  in 
view,  to  wit :  the  Debasing  the  arrogance  and  taking 
away  the  self  dependance  of  his  Creatures  and  sub- 
stituting Humility  and  a  Reliance  on  his  divine  [not 
plain]  in  their  Place.  England  and  xA-merica  United 
were  growing  the  terror  of  the  world  and  a  spirit  of 
Arrogance  and  self-sufficiency  was  dayly  increasing  in 
their  Councils.  Then  Why  should  it  be  strange  that 
God  in  his  wisdom  should  separate  them,  and  play  their 
Pride  and  arrogance  against  each  other  till  that  they 
shall  know  that  the  Most  High  ruleth  in  the  Kingdom  of 
men  and  sitteth  up  and  pulleth  down  according  to  his 
pleasure.  And  surely  there  is  no  government  better 
calculated  for  the  good  of  mankind  than  that  of  Provi- 
dence whether  immediate  or  instrumental.  Then  Let 
us  since  he  ruleth  in  the  Kingdom  of  men  setting  up 
and  pulling  down  at  his  pleasure  submit  with  a  cheerful 
willingness  to  that  government  that  he  is  pleased  to  set 
over  us,  for  however  the  condition  we  are  in  may  appear 
to  thwart  our  Natural  Inclination  let  us  rest  assured 
that  if  it  is  the  choice  of  providence  it  is  best  for  us — I 
shall  just  conclude  these  remarks  with  a  few  lines  from 
Pope  which  I  always  much  admired,  viz. : 

"All  Nature  is  but  art  unknown  to  thee 
All  Chance  Direction  which  thou  can'st  not  see 
All  Discord  Harmony  not  understood 
All  partial  Evil  Universal  good 
In  spite  of  pride  in  Erring  Reason's  sight 
One  Truth  is  Clear — Whatever  is  is  Right." 


HIS  WELSH  ANCESTORS  21 

He  adds  that  he  expects  to  be  home  by  autumn,  a  plan 
which  was  no  doubt  accomplished,  for  he  was  in  "New- 
bury" the  following  year.^ 

On  the  14th  of  July  of  the  latter  year,  he  writes  to 
a  friend  in  Chester  County,  saying:  "Having  an  oppor- 
tunity I  think  safe  by  way  of  Goshen,  I  shall  embrace 
it  with  satisfaction.  Thine  by  T.  Kirk  I  had  the  Pleasure 
of  receiving  Being  glad  to  hear  of  thy  Welfare  and  that 
I  am  still  held  in  Remembrance  by  a  friend  I  much 
esteem  What  Reason  thou  hast  to  believe  Me  thoughtful 
about  engaging  in  that  Weighty  affair  of  Marriage,  I 
am  unacquainted,  but  as  I  don't  approve  of  being  over 
delicate  I  am  free  to  own  It  is  a  subject  that  has  engaged 
many  of  my  thoughtful  hours" — and  more  follows  on 
the  philosophy  of  this  institution  in  a  vein  as  old  as  the 
divine  passion  itself.  He  is  much  exercised  though 
because  "the  Times  are  so  precarious,"  and  cites  two 
cases  of  broken  engagements  of  interest  to  his  friend ! 
His  plans  culminated  two  months  later,  for  on  the  ilth 
of  September  he  requested  a  certificate  to  Newgarden 
Meeting  to  marry  Pamela  W^ebster,  which  request  was 
granted  on  October  9th,  and  they  were  married  on  the 
loth  of  the  following  month. - 

Major  Lewis  was  a  comparatively  wealthy  man  for 
such  a  community  and  his  merchandise  store  was  the 
nucleus  of  a  rising  village.  His  example  was  therefore 
a  matter  of  serious  concern  to  devout  Quakers,  and  when 
the  war  was  fully  over,  the  various  meetings  brought 
the  numerous  warrior  Friends  to  account.  "Newberry" 
Meeting  brought  before  the  Warrington  Monthly  Meet- 
ing the  military  record  of  Major  Lewis  and  his  taking 
of  the  test  oath  demanded  under  the  State  Constitution 
of  1776.  They  complained  that  he  neglected  meetings, 
"attending  an  Election  for  the  Choice  of  Military  officers, 
setting  up  for  a  Colonel  among  them,  also  attending  a 
muster."  The  Warrington  Meeting,  after  considering 
it  until  April  10,  1784,  disowned  him.  He  indicated  later 
to  them  that  he  intended  to  appeal  to  the  Quarterly  Meet- 
ing, and  was  in  no  mood  to  view  his  course  as  wrong 


'  Letters  in  the  possession  of  A.  E.  Lewis,  Tr.,  Washington,  D.  C. 

*  Her  father  was  John  Webster  and  her  motner  Jane  Brinton  Webster,  who 
was  a  descendant  of  the  first  William  Brinton,  who  was  a  member  of  the  As- 
sembly as  early  as  1703.  Warrington  Records,  1747-1856,  p.  322,  for  marriage 
certificate  grant. 


22  ELLIS  LEWIS 

at  this  period,  at  least.  The  appeal  did  no  good,  how- 
ever, and  he  entered  with  even  greater  enthusiasm  into 
patriotic  and  political  movements,  as  a  disowned  Friend, 
or  as  the  world  at  large  would  denominate  him — "a  fight- 
ing Quaker."^ 

'  Warrington  Records,  as  before,  p.  323,  and  the  Quarterly  Records,  p.  181, 
in  abstract  at  the  Pennsylvania  Historical  Society. 


CHAPTER  II 

His    Father,   Major   Eli    Lewis,    Founds   the   First 
Newspaper  at  Harrisburg,  and  the  Boy,  Or- 
phaned AT  Nine  Years,  Becomes  Printer's 
Apprentice  on  the  Same  Paper 

1788 

The  presence  of  the  capital  of  the  United  States  in 
York  County  during  the  revolution  and  the  State  capital 
in  Lancaster  at  the  same  period  had  no  small  influence 
on  political  thought  in  central  Pennsylvania  then  and 
long  afterwards.  Franklin's  Gazette  had  been  printed 
at  York  at  the  same  time  and  it  is  not  surprising  that, 
under  the  circumstances,  when,  in  1787,  M.  Bartgis  and 
T.  Roberts  started  a  paper  in  York  called  The  Pennsylva- 
nia Chronicle  and  York  Weekly  Advertiser,  Major  Lewis, 
whose  very  letters  show  some  literary  ability  and  who 
had  some  experience  in  the  printer's  art,  should  have 
become  interested.  He  was  a  devoted  Federalist,  and 
during  the  following  summer  he  rallied  his  friends  in 
Newberry  Township — "The  Tribe  of  Eli" — as  they  were 
called  in  the  Chronicle,  in  support  of  the  new  National 
Constitution.^  With  the  final  adoption  of  this  great 
instrument  came  the  jubilation  all  over  the  land  with 
procession  and  song.  Major  Lewis  wrote  a  "Federal 
Song,"  which  was  set  to  music  by  the  local  music  teacher, 
Edward  Tyler,  and  after  the  parade  and  toasts,  at  York 
borough,  it  was  sung  by  a  chorus  accompanied  by 
hautboys. 

"No  more  shall  anarchy  bear  sway. 
Nor  petty  states  pursue  their  way, 
But  all  united  firm  as  one, 
Shall  seek  the  gen'ral  good  alone. 

"Great  Washington  shall  rule  the  land. 
While  Franklin's  council  aids  his  hand." 

'  This  term  "Tribe  of  Eli"  was  used  of  him  in  an  election  of  1789  for 
sheriff.  His  own  name  was  on  a  ticket  for  the  Assembly,  but  he  failed  to  be 
elected. 

23 


24  ELLIS  LEWIS 

"The  gilded  toys  of  Europe's  shore 
Shall  rob  us  of  our  wealth  no  more, 
Imposts  their  dang'rous  progress  stop 
And  premiums  bear  Industry  up. 
"Great  Washington,"  etc. 

"The  wasted  soil  its  strength  renews. 
Collecting  from  the  rains  and  dews; 
With  proper  tillage  stronger  grows. 
Such  skill  true  agriculture  knows. 
"Great  Washington,"  etc. 

"The  Arts  of  Peace  shall  flourish  here, 
Nor  slavish  nations  interfere; 
At  home  as  thirteen  states  we're  known, 
While  foreign  courts  shall  feel  us  one. 
"Great  Washington,"  etc. 

"Thus  Halcyon  days  shall  bless  our  life, 
And  party  rage  forget  its  strife. 
Like  children  of  one  parent  still. 
Under  one  vine  and  fig-tree  dwell. 

"Great  Washington  shall  rule  the  land, 
While  Franklin's  council  aids  his  hand."^ 

IMeanwhile  the  Chronicle  and  Advertiser  at  York  was 
about  to  have  a  rival,  which  was  started  scarcely  six 
months  after  the  above  song  appeared,  namely  in  Janu- 
ary, 1789.^  This  may  have  been  encouraged  by  the  fact 
that  the  owners  of  the  Chronicle  plant  proposed  to  move 
to  a  new  and  growing  center  of  great  interest,  not  far 
away  on  the  Susquehanna  beyond  the  Red  Lands  Valley. 
Old  John  Harris  at  Harris'  Ferry  and  his  son,  John, 
junior,  were  able  and  ambitious  men.  His  stone  resi- 
dence on  Front  Street  had  been  overlooking  the  Ferry 
and  the  mountains  beyond  ever  since  1766,  and  a  settle- 
ment had  grown  up  in  the  beautiful  situation,  whose 
attractiveness  had  been  witnessed  to  in  the  journals 
of  Mannasseh  Cutler  and  John  Penn  within  two  years 
past.  He  had  secured  creation  of  a  new  county  of 
Dauphin  (in  honor  of  public  feeling  for  the  King  and 
Dauphin  of  France)  on  March  4,  1785,  and  laid  out  a 
town  called  Harrisburg  and  secured  it  for  the  county 
seat,  altho'  it  is  said  Chief  Justice  McKean,  through 
some  pique  toward  Harris,  attempted  to  name  it  Louis- 
bourg,  in  honor  of  Louis  XVL^    Furthermore,  his  ambi- 

'  This   appeared    in    the   Pennsylvania   Packet   of    Philadelphia   of   Tuesday, 
.August  5,   1788,  with  a  full  account  of  the  proceedings. 
2  Gibson's  York  County,  p.  378. 
*  Dr.   Egle's   History  of  Dauphin  County,   p.  297. 


MAJOR  ELI  LEWIS  AND  THE  PRESS  25 

tion  extended  not  only  to  niakinp;  of  his  town  a  county 
seat,  hut  even  a  State,  and,  wliat  is  more,  the  National 
Capital  as  well !  On  August  25th  of  this  very  year, 
1789,  Senator  William  Maclay,  Mr.  Harris*  son-in-law, 
presented  in  the  First  Congress  at  New  York  several 
Pennsylvania  sites  for  the  proposed  National  Capital, 
and  among  them  Harrishurg.'  It  was  ahout  this  time 
that  the  York  Chronicle's  plant  was  moved  over  to  this 
ambitious  town  by  its  owners,  T.  Roberts  &  Company, 
and  there  is  every  reason  to  believe  Major  Eli  Lewis 
was  one  of  the  "Company."  At  any  rate  they  issued, 
later  in  that  month,  the  first  number  of  The  Harrisburg 
Journal  and  The  Weekly  Adi-crtiser,  and  on  the  9th  of 
September  issue  No.  3  appeared,  containing  a  poetical 
effusion  entitled  "liARRisnuRt;  Explaixed,  in  the  following 
petition,"  under  the  pcn-namc  "Cives,"  which,  in  all  proba- 
bility, was  Major  Lewi^ : 

"Whereas  it  is  of  consequence, 
Congress  should  fix  its  residence — 
That  seat  of  honor  and  renown, 
Call'd  long  since  the  'federal  town'; 
The  people  now  of  Harrisburgh, 
From  a  conviction  not  absurd 
That  there's  no  other  situation, 
Can  equal  this  in  all  the  nation; 
Your  honors  do  must  humbly  pray. 
To  make  it  your  abode  for  aye" — 

after  which  Harrisburg  is  "explained" — i.  e.,  described 
in  a  spirit  of  jollity  and  hopefulness.^ 

Within  a  year  the  paper  was  bought  out  entirely  by 
Major  Lewis  and  a  Mr.  Prague  and  the  name  changed 
to  The  Harrisburg  Monitor  and  Weekly  Advertiser  about 
September,  1790.^  Unfortunately  no  file  of  Major  Lewis' 
paper  is  known  to  exist,  but  somewhat  over  a  year  later, 
a  few  weeks  after  the  defeat  of  St.  Clair  by  the  Indians 
in  the  Wabash  country  on  November  4,  1791,  he  wrote 
an  extended  poem  on  that  theme  which  was  published 
in  pamphlet  form  during  1792.     Its  title  page  read:  "St. 

*  Annals  of   Congress,    ist   Congress,    1789-1791,   Vol.    I,   p.   71. 

*  This  issue.  No.  3,  is  preserved  at  the  Pennsylvania  Historical  Society. 
Mr.  George  R.  Prowell,  of  the  York  County  Historical  Society,  has  a  copy  of 
issue   No.  20,  the  only  copies  known  to  the  author. 

'  In  the  Philadelphia  Inquirer  of  April  19,  i860,  a  writer  says  he  has  before 
him  the  20th  number  of  The  Harrisburg  Monitor  and  IVcckly  Advcrliser,  under 
date  of  February  i.  1791,  published  by  Lewis  &  Prague,  and  that  the  senior 
editor  was  Major  Eli  Lewis.  No  copy  of  this  has  yet  been  discovered  by  the 
author. 


26  ELLIS  LEWIS 

Clair's  Defeat,  a  Poem  by  Eli  Lewis,"  with  the  following 
couplet : 

"A  tale,  which  strongly  claims  the  pitying  tear, 
And  ev'ry  feeling  heart  must  bleed  to  hear." 

Below  is  the  legend :  "Harrisburgh.  Printed  iMDCCX- 
CII."^ 

It  opens  as  follows : 

"Inspir'd  by  grief,  to  tender  friendship  due, 
The  trembling  hand,  unfolds  the  tale  to  view — 
A  tale  which  strongly  claims  the  pitying  tear. 
And  ev'ry  feeling  heart  must  bleed  to  hear 
But  chiefly  ye,  the  keenest  pains  shall  know. 
And  fiercest  sorrows  in  your  breasts  shall  glow ; 
Where  fates,  severe,  their  bitter  draughts  impart, 
And  burst  the  cords  of  nature  from  the  heart, 
Nor  less,  Lavania,  shall  thy  bosom  feel. 
Where  suffering  love,  its  scorching  wounds  conceal ; 
While  custom's  laws,  unfeeling  and  severe. 
To  grief-charg'd  hearts,  deny  the  soft'ning  tear" — 

Then  follows  a  symbolic  picture  of  this  chapter  in  the 
tragedy  of  the  race  war  in  the  West,  and  this  expressed 
for  many  a  home  in  Pennsylvania  the  hideous  reality  that 
was  only  too  keenly  felt : 

"Thro'  clustering  beech,  whose  boughs  obscure  the  day, 
A  fearless  band  pursue  the  devious  way. 
And  'midst  this  dark,  impenetrable  wood 
St.  Mary's  river  rolls  her  silent  flood. 
There  boding  Horror  stalks  around  her  cell. 
And  beats  responses  to  the  savage  yell. 
'Twas  her's,  the  cheerful  walks  of  life  to  shun 
And  hide  in  vales,  sequester'd  from  the  sun. 
Where  prowling  wolves  and  fearless  panthers  roam. 
And  savage  men,  more  dreadful,  make  their  home. 
These  with  unwearied  footsteps  trace  the  wood, 
And  thirst  insatiate,  for  revenge  and  blood, 
Strangers  to  fear — by  burning  rancour  led, 
Their  hostile  bands  had  wide  destruction  spread. 
Where  infant  arts  had  just  begun  to  dawn. 
And  smiling  verdure  deck'd  the  cheerful  lawn. 
These  Horror  once  had  chosen  for  her  own. 
And  with  exulting  shouts  her  choice  made  known. 
The  sounds,  terrific,  beat  the  trembling  air. 
And  savage  yells,  their  loud  assent  declare. 
To  check  their  inroads,  and  relieve  the  land. 
The  great  St.  Clair  led  out  this  warlike  band. 
These  Horror  saw,  as  late  encamp'd  they  lay, 
And  ghastly  smiling,  mark'd  them  for  her  prey. 
Swift  to  her  savage  sons  the  Daemon  strode, 

^  The  only  copy  of  this  booklet  known  to  the  author  is  the  one  in  the 
library  of  the  late  Dr.  W.  H.  Egle  of  Harrisburg.  A  manuscript  copy  is  in 
possession  of  Miss  Josephine  Lewis  of  Philadelphia. 


MAJOR  ELI  LEWIS  AND  THE  PRESS  27 

And  call'd  a  council  in  the  dark  abode. 

Her  standard,  scarce  unfnrl'd,  salutes  the  air, 

'Till  round  the  Fiend  her  warlike  host  repair, 

From  distant  woods,  from  lands  to  fame  unknown, 

Where  hateful  malice,  seeds  of  strife  had  sown; 

By  warlike  chiefs,  to  blood  and  murder  bred. 

The  hostile  tribes  of  various  lands  were  led. 

These  crowd  her  standard  on  the  extensive  plain. 

And  o'er  their  arms  with  lix'd  attention  lean. 

Whilst  thro'  the  various  tribes  she  cast  her  eyes. 

High  o'er  their  heads  the  tluttering  banner  flies; 

Of  tyger  pelts,  from  Lybean  mountains  brought. 

With  curious  art,  the  wondrous  Hag  was  wrought, 

Phosphorean  dies,  the  living  figure  mark, 

Which  glow  the  liveliest  in  the  deadliest  dark. 

Around  the  edge,  a  range  of  circles  shows. 

Each  fill'd  with  some  device  of  human  woes — 

Here  to  a  sapling  seems  a  victim  bound; 

While  slow-consuming  fires  enclose  him  round, 

And  while  their  tort'ring  flames  the  suff' rer  feels. 

Thro'  every  pore  the  wasting  spirit  steals. 

There  to  a  stake  another  victim  stands, 

Stuck  thick  with  arrows  from  infantile  hands. 

Whose  hands,  too  weak  to  deal  a  deadly  blow, 

But  feebly  urge  the  arrow  from  the  bow; 

With  force  enough  to  pierce  the  outer  part, 

But  leave  uncheck'd  life's  current  round  the  heart. 

Next  shows  a  maid  in  pride  of  beauty  crown'd, 

Whose  tender  hands  to  distant  stakes  are  bound; 

In  either  breast  a  bunch  of  pine  splints  glows, 

Which  quick  consumes  the  lily  and  the  rose. 

That  just  before  upon  her  face  contend. 

Which  most  their  stains  with  pleasing  grace  should  blend. 

And  e'er  fond  life  will  cease  its  scat  to  claim. 

In  each  fair  socket  sinks  the  scorching  flame. 

Deep  piteous  cries  her  crisp  burnt  lips  impart. 

And  late — late — burst  life's  cords  about  her  heart. 

Next  sits  a  mother  held  by  savage  hands, 

Whose  grief-burnt  heart  all  friendly  tears  withstands; 

Before  her  eyes,  upon  a  lance  is  borne 

Her  lovely  babe,  just  from  her  bosom  torn; 

Fierce  inward  pains  all  tort'ring  powers  defy. 

And  prompt  her  soul  their  strongest  force  to  try ; 

She  raving  dares  the  hottest  flames  deride. 

And,  with  her  taunts  their  tardy  progress  chide ; 

But  hearts  like  theirs  all  tenderness  defy. 

Her  life  they  spare,  because  she  seeks  to  die. 

And  thus  around  the  num'rous  circles  show 

The  various  tortures  of  the  savage  foe ; 

With  all  the  height'ned  coul'ring  Fiends  cou'd  give, 

Or,  hell-taught  artists  prompted  minds  conceive. 

The  field  within  a  curious  landscape  seems, 

Whose  fertile  space  with  wond'rous  prospects  teems. 

The  scene,  no  doubt,  which  gave  the  Daemon  birth, 

When  the  arch  Fiend  led  all  his  legions  forth 

To,  vainly,  combat  with  th'  immortal  sire, 

'Till  his  just  rage  enwrapt  them  all  in  fire. 

Where  by  fierce  flames  in  circling  whirlwinds  hurl'd 


ELLIS  LEWIS 

Around  the  coniines  of  th'  infernal  world, 
With  wild  confusion  all  the  host  is  driven, 
While  fate,  eternal,  bars  their  way  to  heaven. 
As  round  her  sons  she  cast  her  gleaming  eyes, 
Infernal  joys  within  her  bosom  rise; 
Forth  from  her  lips  the  issuing  accents  broke, 
Hell  heard  with  joy  and  list'ned  while  she  spoke. 
'Adopted  sons — my  last — my  chiefest  care, 
For  whose  success  I  toil  nor  watching  spare; 
From  scenes  of  peace,  of  order  and  of  love, 
I  flew  to  you,  these  gloomy  haunts  to  prove; 
Where  hollow  beech  their  rugged  branches  spread, 
And  boding  owls  sit  croaking  o'er  the  head ; 
Where  fearful  ghosts  are  mix'd  with  ev'ry  breeze. 
Whose  doleful  shrieks  pierce  awful  thro'  the  trees. 
To  you  I  come.     Then  hear  a  mother's  charge, 
With  deadly  venom  let  each  breast  enlarge. 
Behold  our  foe— see  Order's  sons  appear, 
And  by  yon  stream  their  waving  banners  rear. 
Should  they  succeed,  these  doleful  haunts  no  more 
Shall  yield  us  pleasure  as  in  days  of  yore; 
But  o'er  this  wide  resort  of  wolf  and  bear. 
Will  yellow  fields  and  deep  green  meads  appear. 
Then  where — Ah  where!    Shall  we,  my  sons,  retire? 
In  what  dark  wood  shall  blaze  our  lonely  fire? 
Nay,  sooner  shou'd  dark  chaos  spread  her  reign 
And  night  eternal  her  lost  empire  gain. 
Surround  the  foe,  while  these  dark  shades  prevail, 
And  at  my  signal  all  their  force  assail. 
My  voice  shall  rise — Your  yells  shall  mix  with  mine, 
And  kindred  daemons  the  loud  chorus  join." 
In  hollow  caves  the  fearful  murmurs  groan, 
And  Order's  sons  its  chilling  power  own. 
They  hear — obey — and  instant  take  their  stand, 
And  silent  wait  on  Horror's  loud  command. 
Her  standard  lifted  wide  expands  in  air, 
And  thro'  the  night  the  living  colours  glare. 
This  Order's  sons  beheld,  bright,  gleaming  far, 
And  silent  wait  the  dark,  eventful  war, 
Yet  firm  resolved,  in  conquest  or  in  death. 
To  keep  their  honor  with  their  latest  breath. 
In  this  dread  night,  where  Horror's  pow'rs  combined 
To  crowd  with  painful  thoughts  each  feeling  mind, 
Portentous  dreams  obtrude  on  Lev-ret's  breast. 
As  'gainst  an  oak,  in  arms,  he  lean'd  for  rest. 
Fair,  soft  and  pleasing  as  the  op'ning  dawn. 
Beheld  by  shepherds  o'er  the  extensive  lawn, 
Lavina's  form  came  issuing  from  the  wood. 
And  full,  to  view,  before  her  lover  stood. 
As  lightning  swift,  he  flees  to  clasp  the  fair, 
But  the  lov'd  phantom  wide  desolves  in  air, 
And  such,  alas !    Shall  all  thy  prospects  prove 
Thy  long  try'd  faith  in  firm,  unshaken  love, 
And  thou  to  savage  foes  resign  thy  breath, 
Securelv  lodg'd  in  the  dark  caves  of  death ; 
Where  no  returning  day  the  soul  regales, 
But  one  long  night  eternally  prevails, 
Where  doors  are  lock'd  by  dark  Oblivion's  seal. 


MAJOR  I'lLI  LEWIS  AND  THE  PRESS  29 

And  nicm'ry  more  no  past  events  reveal. 

And  now  the  gloom  of  night  begins  to  fade, 

And  bright'ning  dawn  is  o'er  her  curtain  spread; 

When  watchful  Horror,  as  the  day  appears. 

Beneath  her  Hag  her  tow'ring  head  uprcars. 

Thrice  pierc'd  her  eye  with  t'lercc  and  dreadful  glare, 

And  thrice  her  wide  expanded  lungs  inhale  the  air. 

When  burning  Etna,  by  some  earthquake  rent. 

Admits  her  fires  where  close  the  air  is  pent. 

Th'  expanding  element  all  force  defies, 

And  floods  of  lava  spout  against  the  skies ; 

So  from  her  breast  where  hateful  malice  burns, 

With  ten-fold  rage,  the  heated  air  returns, 

The  savage  yells  mix  with  the  dreadful  sounds, 

'Till  owls'  hoarse  croaks  the  dying  echo  drowns. 

Stern  slaughter  then  came  stalking  thro'  the  woods, 

With  gleaming  eyes  and  hands  bcsmear'd  with  blood. 

On  every  side  the  sons  of  Order  fall. 

And  Horror  soon  thro'  all  their  lines  prevail. 

Long,  long  th'  unequal  conflict  was  maintain'd. 

And  the  wide  wood  with  human  blood  bestain'd. 

Here,  gallant  Butler,  ripe  in  glory,  fell. 

With  more  whose  names  some  abler  muse  will  tell. 

Here,  Kelso,  too,  amidst  this  tragic  strife, 

Cut  early  oflf  from  opening  scenes  of  life; 

Whose  generous  soul  each  manly  virtue  crown'd. 

Lies  a  cold  corpse  upon  the  blood-stain'd  ground. 

And  e'er  the  brave  St.  Clair  the  day  will  yield, 

Full  half  his  army  dies  upon  the  field. 

But  most  for  thee,  to  love  and  friendship  dear, 

Lamented  Anderson  descends  the  tear, 

While  love  and  virtue  thy  sad  fall  bewail. 

And  glowing  friendship  sickens  at  the  tale. 

Ye  tender  minds  which  rending  anguish  tear. 

Immoderate  grief  for  fallen  friends  forbear. 

Since  hand  unseen  our  secret  actions  guides, 

And  o'er  the  walks  of  restless  life  presides. 

In  this,  submit  to  heaven's  supreme  control, 

And  peace  once  more  shall  smile  upon  the  soul. 

FINIS. 

Whether  Major  Lewi.s  became  convinced  during-  the 
year  that  Mr.  Harris'  ambitious  hopes  for  his  Susque- 
hanna town  were  not  to  be  reahzed,  or  whether,  indeed, 
he  intended  his  family  should  live  in  Harrisburg  at  all, 
is  not  known.  It  is  known,  however,  that  late  in  the 
year,  October,  1792,  he  sold  his  paper  to  Allen  and 
Wyeth,  who,  as  was  the  custom,  changed  its  name  to 
that  of  The  Oracle  of  Dauphin  and  Harrisburg  Advertiser, 
issue  No.  3  of  which  appeared  on  the  following-  November 
3d.  The  new  proprietors  announced  that  they  "wanted" 
"Ai>  Apprentice  to  the  I^rinting  business,  a  stout,  active 
lad,  well  recommended,  and  having  a  good  education," 
who  would  "be  taught  the  art  of  printing  at  the  office 


30  ELLIS  LEWIS 

of  the  Oracle'"^ — a  want,  by  the  way,  that  was  to  be  felt 
more  than  once  in  the  years  following,  and  one  which 
had  much  to  do  with  the  career  of  at  least  one  of  the 
late  editor's  family.  Major  Eli  Lewis  returned  in  due  time 
to  the  Red  Lands  Valley  and  the  old  home,  the  birthplace 
of  his  children.  At  this  time  he  had  six  children,  the 
eldest  of  whom,  Dr.  Webster  Lewis,  became  a  physician 
of  considerable  ability.  Two  more  were  born  in  the 
next  four  years,  one  of  whom,  James,  became  a  success- 
ful lawyer,  and  to  his  artistic  tendencies  is  due  two 
amateur  efforts  at  portaits  of  his  father  and  mother, 
Major  Eli  and  Mrs.  Pamela  Lewis,  which  are  reproduced 
herewith.- 

The  year  1798  was  a  notable  year  with  Major  Lewis, 
for  it  became  evident  to  him  that  the  increased  settle- 
ment about  his  country  store  warranted  the  laying  out 
of  a  town.  He  procured  the  services  of  his  neighbor. 
Surveyor  Isaac  Kirk,  and  forthwith  a  village  was  platted 
and  christened  Lewisberry,  and  it  grew  with  a  prosperity 
that  many  years  later  led  to  its  incorporation.  It  would 
be  interesting  if  one  could  state,  beyond  the  possibility 
of  a  doubt,  that  this  town  was  created  in  honor  of  the 
birth  of  the  Major's  last  and  most  distinguished  child; 
it  is  a  fact,  however,  that,  on  May  i6th  of  this  same  year, 
there  was  born  to  him  a  son  who  inherited  many  of  his 
talents  and  was  chosen  to  perpetuate  the  name  of  the 
first  American  ancestor  of  the  family  and  furnish  the 
line  its  most  distinguished  career.  The  Major  and  his 
wife  were  by  no  means  advanced  in  age,  as  he  was  but 
forty-two  and  she  but  three  years  younger,  but  this 
son,  Ellis,  was  destined  to  lose  them  both  in  a  compara- 
tively short  time.  Less  than  five  years  passed,  when,  on 
February  20th  (1803)  "after  a  painful  illness,"  said  a 
local  paper,  "which  she  bore  as  she  had  ever  been  in 
the  habit  of  bearing  every  other  dispensation  of  Divine 

^  This  issue  is  the  first  in  the  excellent  files  at  the  State  Library  in 
Harrisburg. 

*  Original  paintings  by  Dr.  Webster  Lewis  are  said  to  be  the  basis  of 
these  pen-drawings,  or  that  of  the  Major  at  least,  and  this  one  was  known  to 
exist  until  within  a  few  years  past,  in  the  possession  of  Miss  Josephine 
Lewis  at  one  time  and  Miss  Mary  Lewis — both  of  Philadelphia — at  another, 
but  seems  to  be  irrecoverably  lost,  so  that  this  is  the  only  known  portrait  of 
Major  Lewis.  William  Penn  Lloyd,  Esq.,  of  Mechanicsburg,  Pa.,  tells  the 
author  that  he  has  a  portrait  of  an  ancestor  of  his  own,  painted  by  Dr. 
Webster  Lewis,,  which  he  values  highly.  These  portraits  have  been  reputed 
in  the  family  to  be  very  fair  likenesses  in  a  general  way. 

The  other  children  were  Eliza,   who  married  Robert  Hamersly;  Phoebe, 
Pamela,   Eli,  Jr.,  and  Juliet. 


Major   Kli    and   .Mrs.    I^ewis 

From   a   pen   and    ink   copy    of   old    portraits,    now    unknown, 

in  possession  of   Miss  Josephine    Lewis,   Philadelphia 


MAJOR  ELI  LEWIS  AND  THE  PRESS  31 

Providence,  with  the  strongly  marked  submission  which 
gave  the  correctest  evidence  of  her  faith,  by  her  works," 
his  mother  died,  a  devoted  member  of  the  Society  of 
Friends.^  No  doubt  it  was  the  result,  in  large  part,  of 
the  grief  that  such  a  highly  sensitive  poetic  nature  as 
that  of  Major  Lewis,  the  father,  must  have  felt  that  led 
him,  about  two  years  later,  namely,  on  March  9,  1805, 
to  appear  before  the  meeting  which  had  disowned  him 
for  the  part  he  had  taken  in  war  and  the  test  oath  of 
loyalty  to  the  Constitution  of  1776,  and  ofter  acknowl- 
edgment for  "his  former  misconduct,"  and  secure  rein- 
statement as  an  orthodox  Quaker.-  Indeed,  it  must  have 
broken  his  life  forces  to  a  still  greater  degree,  for  his 
old  paper,  The  Oracle  of  Dauphin,  at  Harrisburg,  scarcely 
two  years  later,  namely,  on  St.  Valentine's  Day  of 
February,  1807,  had  occasion  to  announce  that  there 
died  "On  Sunday,  the  2d  inst.,  at  Lewisberry,  York 
County,  Mr.  Eli  Lewis,  formerly  of  this  town,  an  Editor 
of  the  first  newspaper  published  in  this  borough."^ 

Before  passing  from  the  career  of  Major  Lewis  to 
that  of  his  more  distinguished  son,  one  element  of  the 
heritage  left  by  him  must  not  be  overlooked.  Although 
in  a  region  in  which  not  a  few  opposed  the  new  National 
Constitution — the  region  which  supported  the  party 
which  suggested  most  of  its  amendments — he  was,  as 
has  been  seen,  an  enthusiastic  Federalist.  Nevertheless, 
when  the  upheaval  occurred  in  1801,  that,  probably 
through  Governor  McKean  more  than  any  other  one 
man.  swept  the  author  of  the  "Declaration"  into  the 
Presidency,  Major  Lewis  espoused  the  new  democracy 
with  equal  zeal.  "The  Tribe  of  Eli" — almost  all  of  New- 
berry Township — held  a  meeting,  which  was  reported 
in  the  York  Recorder  of  May  20,  1801,  some  half-dozen 
years  before  his  death,  and  adopted  the  following-  letter 
to  their  hero : 

"To  Thomas  Jefifcrson,  President  of  the  United  States — 

"Called  on  by  the  United  States  to  perform  the  most 

important  of  her  tasks,  we  flatter  ourselves  that  assur- 

•  The  York  Recorder,  February  23,  1803,  in  possession  of  Miss  Mary  Lewis 
of  Philadelphia. 

-  Abstract  of  WarrinRton  Monthly  Meeting  Records,  1747-1856,  p.  324 — at 
the  Historical  Society  of  Pennsylvania. 

'  Tlie  family  records  give  his  death  as  occurring  on  the  ist  instead  of  the 
2d,  so  that  the  paper  was  slightly  in  error. 


32  ELLIS  LEWIS 

ances  of  tlie  attaclimeiit  and  support  of  any  description 
of  your  fellow-citizens  will  be  acceptable,  and  being 
highly  gratified  with  the  sentiments  you  have  announced 
as  the  governing  principles  of  your  administration,  we 
conceive  it  our  duty,  and  we  feel  it  our  pleasure,  to 
tender  you  our  sincere  attachment  and  support.  May 
that  spirit  of  benevolent  toleration  which  so  conspicu-. 
ously  distinguish  you  amidst  the  conflicting  elements 
of  party,  spread  like  oil  on  the  troubled  ocean,  until  all 
is  soothed  into  order  and  peace. 

"Signed  by  order  of  the  said  meeting: 

"Henry  Kreiger, 

"James  Todd, 

"Jesse  Glancy, 

"Eli  Lewis, 

"Robert  Hamersly,  jun." 

In  May,  Mr.  Kreiger  received,  postmarked  "Wash. 
City,  May  nth,"  with  the  well-known  script  of  the  great 
leader  of  democracy  on  the  upper  left-hand  corner — 
"free  Th.  JefTerson" — in  lieu  of  postage,  the  following 
letter.     Opening  the  seal,  he  read  thus : 

Washington,  May  8,  1801. 
"Gentlemen  : 

"Assurances  of  attachment  &  support  from  any 
description  of  my  fellow  citizens  are  accepted  with 
thankfulness  &  satisfaction.  I  will  ask  that  attach- 
ment and  support  no  longer  than  I  endeavor  to  deserve 
them  by  a  faithful  administration  of  their  affairs  in  the 
true  spirit  of  the  Constitution,  and  according  to  laws 
framed  in  consonance  with  that.  The  sentiments  ex- 
pressed on  my  undertaking  the  important  charge  con- 
fided to  me,  were  expressed  in  the  sincerity  of  my  heart ; 
and  after  security  &  freedom  of  our  common  country, 
no  object  lies  so  near  my  heart  as  to  heal  the  wounded 
confidences  of  society,  &  see  men  &  fellow  citizens  in 
affectionate  union  with  one  another.  I  join  therefore 
with  the  inhabitants  of  Newberry  Township,  who  have 
been  pleased  to  address  me  through  you,  in  earnest 
desires  that  a  spirit  of  benevolence  and  of  mutual  tolera- 
tion may  soothe  the  great  family  of  mankind  once  more 
into  order  &  peace :  and  I  pray  you  to  assure  them  of 


MAJOR  ELI  LEWIS  AND  THE  PRESS  33 

my  sincere  concern  for  their  particular  happiness,  and 
of  my  high  consideration  &  respect. 

"Tir.  Jeffersox." 

As  the  whole  matter  was  undoubtedly  the  work  of  Major 
Lewis,  the  prized  letter  became  his  property  and  de- 
scended to  his  young  son  with  a  large  share  of  Jeffer- 
sonian  principles  as  his  even  more  precious  heritage  after 
the  Major's  death.* 

Young  Ellis  Lewis  was  thus  left  an  orphan  at  nine 
years  of  age,  but  his  brothers  and  sisters  cared  well  for 
him,  and,  with  his  guardian,  Mr.  Hugh  Foster,  gave 
attention  to  his  preliminary  education.  The  boy's  tastes 
soon  began  to  show  some  similarity  to  those  of  his 
father,  as  much  so,  that  even  the  following  autumn,  when 
John  Wyeth  announced  in  the  Oracle  again  his  need  of 
an  apprentice,  it  might  have  suggested  even  then  such 
a  career  for  young  Ellis.  As  1808  and  '9  passed  on 
and  they .  heard  of  the  success  of  Joseph  Findley's 
academy  in  Harrisburg  and  a  good  night  school  during 
part  of  the  year,  both  of  which  were  advertised  in  their 
father's  old  paper,  the  editor,  Wyeth,  himself,  being 
publicly  interested  in  both,  it  must  have  recurred  to 
them  with  increasing  force.  And  it  would  be  no  small 
opportunity  to  a  youth  to  be  in  John  Wyeth's  printing 
office,  for,  as  was  not  infrequently  the  custom  in  interior 
towns  in  those  days,  the  newspaper  office  was  the  book- 
store and  general  literary  clearing-house  of  the  entire 
region.  Wyeth's  collection,  as  advertised  in  his  paper, 
on  November  5,  1808,  contained  Scott's  Marmion,  De 
Stael's  Corinna,  Campbell's  Ecclesiastical  history.  An- 
drew's Elements  of  Logic,  the  chief  Latin  and  Greek 
classics,  Junius'  Letters,  etc.,  among  the  "just  received" 
list.  His  announcements  often  included  two  columns 
of  small  print,  and  on  January  28.  1809,  "a  partial  cata- 
logue" occupied  four  closely-printed  columns  and  was 
"continued"  through  several  issues  in  the  same  way. 
It  was  in  both  quality  and  quantity  a  really  great  library 
for  that  day  that  would  have  done  honor  to  Philadelphia 
herself.      But  when   the   long,   long  contest   to  get  the 

*  The  letter  was  folded  throuRh  the  President's  name  lengthwise,  and  as 
time  wore  on  the  fold  broke  and  the  bottom  ribbon  of  paper  became  lost, 
leaving-  only  the  upper  part  of  the  larger  letters.  The  frank  signature  on  the 
outside  is  oerfect,  however.  The  letter  is  among  the  Lewis  papers  in  the  pos- 
session of  Miss  Josephine  Lewis. 


34  ELLIS  LEWIS 

State  Capital  away  from  Philadelphia  and  then  away 
from  Lancaster  culminated  in  the  passage  of  a  law  in 
February,  1810,  finally  settling  it  where  John  Harris  had 
long  ago  proposed,  the  project  of  apprenticing  young 
Ellis  Lewis  to  Editor  John  Wyeth  soon  took  final  forni.^ 
Late  in  that  year,  November  24,  1810,  when  the  boy 
was  in  his  thirteenth  year,  his  brother  James  and  Mr. 
Foster  took  him  over  the  hills  and  river  to  Harrisburg 
and  to  the  Oracle  office  and  book-store  in 'Mulberry  Street 
between  Front  and  Second,  near  the  Bank,  and  there  Mr. 
Wyeth  agreed  to  teach  him  "the  art  and  mystery  of  a 
Printer,"  take  care  of  him  for  seven  years,  and  "give 
him  during  the  said  term  three-quarters  of  night  school- 
ing," and  at  the  end  two  suits  of  "apparel,  one  whereof 
to  be  new."  The  boy  was  to  be  a  dutiful  apprentice  and 
not  absent  himself  from  his  "master's"  service  without 
leave.-  He  entered  upon  the  office  duties  at  once,  and 
no  doubt  revelled  in  Mr.  Wyeth's  collection  of  books, 
so  that  by  the  time  the  State  government  was  fully 
established  in  the  old  court  house — predecessor  of  the 
recent  one — and  Governor  Snyder,  the  successor  of  the 
original  Democratic  war-horse  of  Pennsylvania,  McKean, 
was  settled  in  his  gubernatorial  home,  young  Ellis  had 
made  considerable  progress  in  the  handling  of  the  types. 
He  often  had  his  Quaker  blood  stirred  by  accounts  of 
the  actions  during  the  war  of  i8i2r-i5,  and  he  always 
made  a  bonfire  for  the  victories,  but  his  indenture  bound 
him  to  service  until  nearly  1818,  his  twentieth  year.^  He 
had  been  there  nearly  five  years  by  the  time  he  heard 
of  General  Jackson's  great  victory  at  New  Orleans  in 
January,  1815.  Five  years  was  a  long  time,  and  it  is  an 
especially  long  time  at  the  age  of  eighteen,  when  the 
"storm  and  stress"  period  overtakes  the  young  man,  so 
the  following  summer  he  betrayed  evident  signs  of 
serious  discontent.     His  brother  Eli  had  lost  his  wife 

'  Laws  of  Pennsylvania  (Bioren),  1809-10,  p.  30.  Preparations  were  to  be 
made  so  the  removal  could  take  place  in  October,  1812. 

-  The  "Indenture"  is  in  the  possession  of  Miss  Josephine  Lewis.  The 
author  has  a  copy  of  the  seal  of  Mr.  Wyeth,  which  was  kindly  given  him  by 
the   well-known  antiquary  at  the   Pennsylvania  capital. 

Wyeth  very  soon  changed  his  location  to  a  two-story  frame  building  at 
the  corner  of  Market  Street  and  Square,  opposite  that  of  the  Commonwealth 
Hotel,  and  on  the  same  side  of  the  Square  farthest  from  the  river.  Here  were 
his  office  and  book-store.  The  Oracle.  Vol.  XXII,  No.  i,  and  A.  Boyd  Hamil- 
ton  in  Notes  and  Queries,   Vol.    Ill,  Third   Series,   p.   310. 

^Democratic  Review,  1847,  p.  363.  A  sketch  in  this  review  says:  "He 
illuminated  for  our  victories  during  the  War  of  1812,  when  he  was  but  a  mere 
boy,     *    *    *." 


'*v- 


^ 


7/5  INDjE.NTUREmade  they/iYrr^y^^^Hayof 

tfi>,itilht  year  of  our  L>rd  me  ihoutand  eight  bundreJ  anfft^r^  viUneitetb  that 


'■■/ 
/ 


« •>'■  sf//",  an;/  iy  these  pretentt  doth  volanlarily  and  of  ^i^    oin'fru  v;ill  and  acford 

Y,^,,,'^        — -y       -^/  ' —  . — ,/^  Ji         " 

/viih  b(r>^ttfier  ibe  manner  of  an  apprentice  lo  serve,  from  lie  .__~^ day  of^h~{/'ir^^— 

/2rf~e ^.'till  the  term  ofjh^f-cx     ff,  ^1  >^ 

l>e  completed  and  ended.     During  alt  vihieh  time  or  term,  the  said  apprentice  h^^      jaij/ '*•"-'•»*' /^ 

viell  fnd  faithfully  shall  serv,  b  ii    lecrtes  keep,  andb  c*     lawful  commands  every  where  at 

all  limes  readily  obey  ■•    he  shall  not  do  damage  lib  <j*  said    ^S'AC,)if^nar  M'tlfully  suffer  any 
to  be  done  by  others,  and  if  any  to  b  d    inoviledge  be  intended   be  shall  give  4  «    said  ■7^'>  ^v7^~ 
seasonable  notice  thereof    'TTt.  shall  not  viaste  the  goods  of  b  C6     said  ?/'  AJS^  nor  lend  them 
unlavifully  to  any.  -rzit  shall  not  commit  fornication  nor  contract  matrimony  viiihin  the  said  term  ■■ 
Jl  cards, dice,  or  any  other  unlawful  game   be  shall  not  play.       H'iihoul   licence  from   biJ     said 
?7i/tiZtt;  be  shall  neither  buy  nor  sell :     he  shall  not  absent  b  t.rr\self  day  n^  night  from  be^ 
saidni/iTUi-^    service  nilhout  leave  :  but  in  all  things  and  at  all  times  be  shall  carry  and  be- 
have bitnselfas  a  good  and  faithful  apprentice  ought  towards  be4    said  .'/ioSZt'ondalllie-f 
during  the  said  term.  ^^"""""V  ^   i 

Jnd  the  satd    /»-/>  >  i  /  >V/  C-  /^i'  ' on  ■/> imparl,  iMtljcreby  promise, 

covenant  and  t/gree  that    bevoill  during  the  said  term,  leach,  or  cause  the  said  apprentice  to  be 
laifgbl  or  instrudedjby  the  bat  way  or  means  he  can,  in  the  art  and  mystery  of  a  4^  z  < 


—and  also  provide  for  said  apprentice  sufficient  meat,  drink, 
•^?7/'ji.  //  ^i  tT^      lodging  and  •cashing fitting  for  an  apprentice  ^t  >  1  jp^  <r^«  /^t- 
^/l'^^  A^^    C^fltt^f     /Ac      n'/t  e^'    /'«4-^<-^-^V.C*-^/'<'^7'«i«<( 


*^>e  r^^-  yf^^^Tj^'TTt'^     "^^^ 


.T^r-^ 


/c^Ar; 


y-^ 


r- 


atfdfor  the  true  performance  of  all  and  singular  the  said  covenants  and  agreements,  tht  said  parti 
bind  ihemiclves  firmly  by  these  presents. 
■~5caM  «iid  (lelivcrol  ^  'T/t^'Ay 


-^ 


in  the  prcfcncc  of 

/■  ■^^^^ 


^^ 


(yvYii^ 


County,  ff.  ' 

tfi  ^^.^»     DON  K  anil  acknowlc  Igtfd  ihc 
\Seal.\ 


AnnoDomiai  160 


ttaMi'L\'m\miiirnm 


Indenture  of  Kllis   Lewis 

as  a  printer's  apprentice, 

in  possession  of   Miss  Josephine   Lewis,    Pliilaiklphia 


MAJOR  ELI  LEWIS  AND  THE  PRESS  35 

early  in  July  and  in  wrilinf^  Ellis  of  his  sorrow,  expressed 
a  trust  that  he  was  more  reconciled  to  his  situation,  but 
the  young  printer,  on  July  28th,  replied,  after  expressing 
sympathy,  boldly  disabusing  his  brother's  mind  of  such 
hopes.  "I  am  not  rcconcilctl  at  all,"  he  writes.  "I  like 
Wyeth  well  enough,"  but  he  did  not  like  certain  members 
of  the  household,  "added  to  which  I  believe  I  am  getting 
the  consumption,  and  the  business  does  not  agree  with 
me  at  all."  lie  asks  that  his  haste  in  writing  be  pardoned, 
as  the  29th  is  ])ublication  day.  His  discontent  grew  so 
rapidly  that  before  the  end  of  the  year  he  determined  to 
break  his  bonds,  and  about  Christmas  time  he  made  a 
visit  to  his  old  home  and  soon  afterward  left  Harrisburg 
and  the  ofifice.  The  causes  that  precipitated  the  event 
can  never  be  known  in  all  probability,  but  whatever  it 
was,  it  left  Mr.  Wyeth  in  no  mood  to  lose  about  two 
years  of  his  apprentice's  services,  and  he  advertised  for 
him,  offering  a  reward  of  twenty  dollars  and  accusing 
some  of  the  young  fellow's  friends  of  abetting  his  escape.^ 

*  The  advertisement,  which  appeared  in  The  Oracle  of  February  8,   1816,  a 
file  of  which   is  in  the   private  possession  of  Luther   H.    Kelker,   Esq.,   of  the 
Archives  Division  of  the  State  Library  at  Harrisburg,  is  as  follows: — 
"20    Dollars    Reward" 

"Oracle  Office,   Feb.  8th,   1816 

"Absconded  from   this  office  on   Sunday   morning  last,  an  indentured  ap- 
prentice  to  the   printing   business,   named 

"Ellis  Lewis 
aged  about  19  years,  about  5  feet  i  or  2  inches  high,  slim  built,  pale  coun- 
tenance, and  down  look.  He  was  decently  clad  when  he  went  away,  but  as 
it  is  pretty  well  ascertained  that  he  was  encouraged  and  enticed  to  his  deser- 
tion by  those  whose  sense  of  moral  obligations  is  equal  to  his  own,  it  is  prob- 
able he  will  be  provided  with  funds  to  change  his  apparel.  The  above  reward, 
and  all  reasonable  expences  will  be  paid  for  his  apprehension  and  delivery  to 
his  master.  All  persons  are  forbidden  harboring  him  at  their  peril.  .-Vnd  the 
young  man  himself  may  rest  assured,  that  however  he  may  hug  himself  on  his 
dexterity  at  running  away,  justice,  sooner  or  later,  will  overtake  him,  to  his 
cost. 

"John   Wyeth 

"Editors  of  newspapers  will  please  to  give  the  above  an  insertion  or  two, 
and  a  similar  favor   will   be   reciprocated." 


CHAPTER  III 

Young  Lewis  Runs  Away  to  New  York  and  Balti- 
more, AND  Finally  Settles  as  Co-Editor 
OF  "The  Gazette,"  at  Williams- 
port,  Pennsylvania 

1815 

For  over  eight  months  no  news  was  heard  of  the 
whereabouts  of  the  young  printer,  for  whose  capture 
and  return  Editor  Wyeth  was  so  vigorously  advertising. 
That  he  should  go  outside  of  the  State  and  to  a  city 
where  his  skill  as  a  printer  could  be  exercised  was 
undoubtedly  a  foregone  conclusion.  New  York,  which, 
at  this  very  time — the  mid-winter  season  of  1815-16 — 
was  enthused  under  the  leadership  of  Mayor  De  Witt 
Clinton  in  the  determination  to  secure  a  waterway  to 
Lake  Erie,  had  long  been  the  metropolis,  and  Baltimore, 
after  Philadelphia,  was  the  next  great  city  of  the  land; 
but  the  latter  was  so  near  to  central  Pennsylvania  that 
his  fear  of  discovery  and  belief  in  its  greater  opportuni- 
ties soon  led  him  to  New  York. 

The  Swiftsure  Mail  Stage  long  advertised  "Cheap 
Travelling  to  Philadelphia"  in  the  old  New  York  Courier 
and  its  successors,  "Stage  Fare,  $5."^  The  most  rapid 
travel  from  Washington  to  New  York  was  thirty-six 
hours.^  The  "Swiftsure"  line  left  No.  48,  at  the  corner 
of  Courtlandt  and  Greenwich  Streets,  at  8  A.  M.  daily, 
except  Sundays.  The  metropolis  had  a  population  of 
almost  a  hundred  thousand.  The  chief  seat  of  the  foreign 
trade  was  along  East  River.  The  wholesale  region  was 
about  Pearl  and  Broad  Streets  and  Hanover  Square, 
while  the  retail  trade  was  in  William  Street,  reaching 
from  Wall  to  Fair  (now  Fulton)  Streets,  and  many  of 
the  families  lived  over  their  stores  or  shops.     Broadway, 

^  The  New  York  Daily  Advertiser,  April  15,  1817,  et  al. 
'  New    York    City    and    Vicinity    During    the    War    of    1812-15,    by    R.    S. 
Guernsey,  1889,  Vol.  I,  p.  34. 

36 


ELLIS  LEWIS— PRINTER  AND  EDITOR  37 

below  Leonard  and  Greenwich  Streets,  held  first  rank 
as  an  "elegant"  residence  street,  while  Pearl  followed 
a  close  second.  Chatham  Street,  with  Park  Row,  was  of 
like  character.  The  boat-landings  were  chiefiy  on  Wash- 
ington Street.  Greenwich  was  the  most  closely-built 
street,  and  some  very  prominent  families  lived  in  Wall 
and  State  Streets.  Indeed,  the  built-up  portion  of  the 
city  was  mainly  for  about  three  and  a  half  miles  from 
the  Battery  up  the  East  River  bank  and  but  two  miles 
on  the  Hudson  or  North  River  side.  The  post-office  was 
at  the  southwest  corner  of  William  and  Garden  streets 
(now  Exchange  Place),  and  the  postmaster,  one  of 
Jefferson's  appointees,  afTorded  the  community  about 
one  hundred  boxes  and  six  carriers,  and  himself  and 
family  lived  in  the  same  building.  The  exchange  was 
at  the  Tontine  Cofifee  House  in  Wall  Street,  where  the 
members,  as  three  o'clock  closed  business,  took  dinner 
in  the  second  floor  ordinary. 

Assuming  the  name  Henry  Van  Ellenburg  to  elude 
Editor  Wyeth's  search,  he  soon  found  work  as  a  printer, 
and  also  found,  to  his  annoyance,  that  the  field  of  book- 
making,  which  was  a  part  of  a  New  York  printer's  work, 
was  one  with  which  the  Oracle  office  had  not  made  him 
familiar.^  He  soon  acquired  the  necessary  knowledge 
and  got  along  as  well  as  a  young  new  arrival  could 
expect.  Apparently  he  and  his  brother,  James,  had 
started  off  together,  but  James  remained  in  Philadelphia, 
so  when  a  letter  from  their  brother,  Eli,  was  received  at 
New  York  on  September  i6th  (1816)  he  secured  it, 
forwarded  it  and  then  replied : 

"New  York,  September  17th,  1816. 
"Dear  Brother: 

"A  letter  directed  in  your  hand  writing  to  James  fell 
into  my  hands  yesterday.  James  I  believe  is  in  Phila- 
delphia, however  I  forwarded  the  letter  to  him  there. 

"It  is  now  a  period  of  more  than  eight  months  since 
I  left  the  place  of  my  nativity  and  never,  during  the 
whole  of  that  time  have  I  written  to  my  dear  relatives, 

'  This  was  not  because  Wyeth  did  not  publish  books,  and  good  ones,  too, 
for  the  author  has  seen  excellent  examples  of  his  work,  notably  draydon's 
Memoirs,  which  was  done  in  1811,  during  Lewis'  first  or  second  year  of  in- 
denture, and  a  German  music  book  published  in  1815  just  before  his  departure. 
Mr.  Luther  H.  Kelker  of  Harrisburg  gives  assurances  that  his  publications 
were  quite  numerous  for  that  date. 


38  ELLIS  LEWIS 

but  3'ou  know  my  dear  brother,  you  know  what  restrained 
me ;  therefore  that  is  my  only  excuse. 

"Here  I  am — behold  me  at  the  age  of  eighteen,  alone 
and  unprotected,  cast  on  a  tempestuous  and  unfeeling 
world,  to  do  and  act  for  myself.  In  a  city  where  the 
most  shocking  immoralities  *  '•'  '''  have  full  sway — 
where  every  allurement  is  offered  to  seduce  youth  from 
morality  and  rectitude,  it  is  scarcely  to  be  expected  that 
I  should  remain  free  and  uncontaminated  amid  this 
chaos  of  immoralities ; — but  I  believe  1  am  as  well,  and 
perhaps  better,  than  many  others  in  similar  situations 
with  myself. 

''In  writing  to  you,"  he  continues,  he  sends  words  to 
the  family  and  then  adds,  "I  would  not  now  venture  to 
write,  but  I  intend  leaving  this  city  in  about  three  weeks ; 
I  wish  very  much  to  hear  from  home  (indeed  I  have  a 
kind  of  hankering  to  be  there)  therefore  I  will  look 
for  a  letter  immediately  on  receipt  of  this ; — I  would 
wish  to  know  if  my  affair  has  been  settled :  my  indenture 
would  be  of  great  service  to  me ;  I  read  an  adv't  offering 
20  dolls,  and  accusing  some  friends  of  aiding,  which 
heaven  knows  was  not  the  case.  If  you  should  deem 
it  safe  direct  to  E.  W.  Lewis  y2  William  St. — if  you 
think  that  will  not  answer,  my  fictitious  name  is  Henry 
Van  Ellenburg,  New  York.  With  either  directions  I 
will  get  the  letter  but  be  sure  and  not  put  the  No.  of 
the  street,  if  you  direct  to  H.  V.  E. — I  should  like  to 
be  informed  of  my  circumstances  in  the  world,  i.  e.  how 
much  Foster  has  of  my  property,  in  his  possession ;  and 
whether  one  or  two  lots  fell  to  my  share ; — If  you  will 
take  the  trouble  to  ascertain,  and  sum  up  the  whole  of 
my  property,  small  as  it  may  be,  it  will  afford  me  some 
consolation  to  know  how  much  it  really  is. 

"I  am  barely  living,  decently,  not  laying  up  much — 
when  I  came  I  knew  nothing  about  book  work,  but  now 
I  have  the  presumption  to  call  myself  a  'tolerable 
workman.' 

^     ^       ^       ^       ^       ^       ;;< 

"My  health  is  tolerable,  but  I  believe  I  will  never 
be  fat,  as  long  as  I  follow  the  printing  business. — 
Rather  than  follow  it  another  year  I  will  go  to  sea  as 
a  common  sailor.     I  have  some  notion  of  going  to  South 


ELLIS  LEWIS— PRINTER  AND  EDITOR  39 

America,  as  a  printer;  three  liave  been  advertised  for; 
our  foreman  promises  to  use  his  interest  in  getting  me 
a  birtli — the  result  of  which  will  be  known  to-morrow. 

"Yours  affectionately, 

"E.  W.  Li-:\vis."i 

Whether  the  hoped-for  "birth"  was  a  position  on  the 
old  New  York  Courier  or  not  cannot  now  be  known,  but, 
in  all  probability,  it  was,  for  he  did  join  the  Courier  force 
under  Mr.  Barent  Gardenier's  reign,  and  that  editor's 
management  closed  within  six  months  from  the  time 
this  letter  was  written,  namely,  on  the  19th  of  February, 
1817.-  The  change  was  made  because  Mr.  Theodore 
Dwight,  of  the  Albany  Daily  Advertiser,  was  ambitious 
to  come  to  the  metropolis,  for  he  announced  on  the  20th 
of  February  that  he  should  return  as  soon  as  he  could 
settle  his  Albany  affairs,  which  he  did  by  April  9th, 
and  on  that  date  the  old  paper  came  out  in  new  form 
and  with  a  new  title.  The  Neiv  York  Daily  Advertiser.  By 
the  26th  it  was  at  new  offices,  too,  at  27  William  Street, 
one  door  south  of  the  post-office.  Lewis  "continued  in 
the  office  of  the  new  paper,"  says  an  old  friend  of  those 
days  in  reminiscences  published  in  the  Printer.  "He  was 
employed   in   the   same   offices  with   our   late   lamented 

'  Years  later,  when  he  had  become  prominent,  he  related  some  interesting 
details  of  this  experience  to  Hon.  C.  D.  Eldred,  who  gives  the  facts  in  \'ol.  Ill, 
No.  3,  p.  55,  of  "Now  and  Then,"  edited  and  published  by  J.  M.  M.  Clernerd  at 
Muncy,  I'a.,  in  1890.  Speaking  of  Ellis  Lewis,  he  writes:  "His  ambition  did 
not  allow  him  to  serve  out  his  full  term  as  an  apprentice  to  the  printing  busi- 
ness, but  with  his  worldly  effects  tied  up  in  a  handkerchief,  he  made  his  way 
to  Philadelphia  on  foot  in  search  of  work.  He  failed  to  find  it  there  and  went 
to  New  York.  After  searching  out  a  private  boarding  house  kept  by  a  widow 
lady,  he  went  the  rounds  of  the  printmg  offices  for  employment,  but  failed  in 
his  purpose.  He  had  not  money  enough  to  pay  a  week's  board,  and  feared  the 
denouement  when  his  host  should  make  demand.  She  made  none  at  the  end 
of  the  first  week,  and  he  renewed  his  exertions  at  the  printing  offices,  leaving 
his  name  and  the  number  of  his  boarding  house  at  each.  The  next  week  had 
partly  passed  when,  returning  to  his  lodgings  for  supper  with  a  heavy  heart, 
he  chanced  to  pass  a  busy  wood-sawyer.  He  halted  and  inquired  as  to  the 
pay  and  demand  for  his  business,  and  was  informed  fully  and  particularly  upon 
the  subject.  Here  was  work  that  he  could  and  would  do,  until  something  better 
offered,  and  he  went  to  his  lodgings  planning  how  he  might  sell  or  pawn  some 
of  his  clothes  for  money  enough  to  buy  a  wood  buck  and  saw,  and  feeling 
much  relieved  by  the  thought.  The  same  evening  a  note  was  left  for  him  from 
one  of  the  printing  offices  offering  him  a  temporary  position  at  a  case,  during 
the  indisposition  of  a  hand,  and  he  accepted  it  witli  thanks.  The  second  Satur- 
day night  he  was  enabled  to  pay  his  two  weeks'  board;  but  the  invalid  whose 
place  he  had  taken  was  now  convalescent  and  would  soon  report.  He  thought 
again  of  his  wood  saw  and  buck  as  an  alternative,  but  was  agreeably  surprised 
to  find  another  case  given  to  his  indisi)osed  friend  when  able  to  work,  and 
himself  retained.  I-'rom  thenceforth  he  found  no  want  of  employment,  *  *  *." 
He  further  tells  how  Lewis  later  visited  New  York  and  hunted  up  his  former 
landlady,  told  her  the  circumstances  to  her  great  ;oy,  and  presented  her  a 
silk  dress  as  a  token  of  his  gratitude  to  her  as  a  one-time  friend  in  need.  Lewis 
related  these  facts  to  his  friend   Eldred  not  long  before  his  death. 

-The  New  York  Courier,  February  19,  1817,  at  the  New  York  Historical 
Society.      Also  the  Advertiser  of  date   mentioned. 


40  ELLIS  LEWIS 

brother,  Gen.  Morris,  Samuel  Woodworth,  one  of  the 
Harpers,  and  many  others  of  the  old  school."  During 
the  year  he  became  a  member  of  the  New  York  Typo- 
graphical Society  at  the  nomination  of  Thomas  Snowden, 
and  there  made  some  of  the  warmest  friendships  of  his 
life,  especially  with  George  P.  Morris,  above  mentioned. 
Years  after,  Lewis  looked  "back  to  the  days  of  my 
youth,  spent  among  the  intelligent  and  noble-hearted 
members  of  the  New  York  Typographical  Society"  and 
avowed  that  his  certificate  of  membership  was  "pressed 
with  more  affectionate  fondness  to  my  heart  than  all  the 
other  honors  I  have  ever  received."^ 

The  year  1817  passed  with  plenty  of  hard  work  and 
hard  study,  for  young  Lewis  had  learned  both  arts, 
even  at  that  date,  with  a  thoroughness  that  never  left 
him,  and  which  recalls,  in  its  zeal  and  ceaseless  per- 
sistence, the  habits  of  two  great  university-presidents 
whose  fiame  of  vitality  went  out  all  too  soon.  He  often 
read  in  the  Advertiser  the  list  of  books  "recently  pub- 
lished" :  "Ramsay's  History  of  the  United  States, 
Gallisdon's  Reports  of  Judge  Storey's  Decisions,  Ele- 
ments of  Criticism  by  Hon.  Henry  Home  of  Kames, 
The  Life  and  Studies  of  Benjamin  West,  Esq.,  President 
of  the  Royal  Academy,  Chateaubriand's  Recollections, 
etc.,  Brackenridge's  History  of  the  Late  War  between 
the  United  States  and  Great  Britain,  Guy  Mannering  by 
the  author  of  Waverly,  The  Works  of  Lord  Byron, 
Thomson's  Seasons,  Warden's  Letters  on  Napoleon,  and 
many  others."  He,  no  doubt,  noted  with  interest  on 
April  I2th  that  "The  electioneering  campaign  in  Penn- 
sylvania is  conducted  with  great  spirit,  and  no  little  bit- 
terness, between  the  two  divisions  of  the  former  demo- 
cratic party" ;  and  on  May  2d  that  the  Federalists  at 
Philadelphia  have  announced  that  they  will  present  no 
candidate  for  Governor  and  that  the  editor  thinks  the 
^'Old  School"  and  "New  School"  of  the  democratic  party 
will  have  the  field  to  themselves ;  or  on  the  i6th  that 
"Now,  Leib  and  Duane  avow  their  attachments  to  a 
more  refined  democracy,  if  possible,  than   Findlay  and 

^  "Typographical  Reminiscences,"  by  Charles  McDevitt,  in  The  Printer. 
The  author  is  assured  by  officers  of  the  present  Typographical  Union  of  New 
York  that  the  old  society  became  defunct  and  that  its  papers  were  destroyed 
by  a  fire  in  Fulton  Street.  The  expressions  by  Lewis  are  from  a  letter  quoted 
by  Mr.  AIcDevitt.  Dwight,  it  should  be  stated,  was  the  editor  and  owner  of 
the   Advertiser,    but   John   W.    Walker   published   it   for   him. 


ELLIS  LEWIS— PRINTER  AND  EDITOR  41 

Binns"  and  that  Pennsylvania  seems  to  be  the  "storm 
center"  of  poHtics.  He  noted  the  advent  in  July  of 
Moore's  "new  poems,  so  long  expected" — "Lalla  Rookh" 
and  as  a  lover  of  poetry  no  doubt  read  "Southey,  the 
present  British  poet-laureate."  There  is  evidence  that 
he  studied  both  Latin  and  French  during  the  year,  too, 
and  that  all  of  this  strain  told  severely  upon  his  health. 

In  February  (the  15th)  of  the  following  winter,  1818, 
he  wrote  his  brother  Eli  as  follows:  "I  am  in  very  low 
health  at  present  and  have  been  so  for  some  time  past. 
Being  no  longer  able  to  perform  the  macerating  duties 
of  my  situation  on  the  Daily  Advertiser  I  have  left  it. 
Since  that  time  I  have  been  employed  for  three  weeks 
in  the  first  printing  office,  either  in  England,  or  in  this 
country,  but  'that  jewel,  which  none  know  how  to  prize 
but  those  who've  lost  it,'  prevented  me  from  holding  a 
situation  there.  I  have  been  thinking  about  taking  a 
voyage  to  Europe,  under  the  impression  that  the  sea- 
air  may  conduce  to  my  recovery.  I  feel  confident  that 
I  shall  never  be  able  to  do  anything  of  consequence  at 
the  printing  business.  Perhaps  it  would  be  better  were 
I  to  go  to  the  Southward.  What  would  you  advise  upon 
the  subject?''  He  tells  his  brother  that  he  had  written 
to  Wyeth  asking  for  terms  of  settlement,  but  had  received 
no  reply.  He  closes  by  asking  pardon  for  the  looks  of 
the  letter,  as  it  was  written  in  a  room  where  "its  inhabit- 
ants are  keeping  up.  without  cessation,  'vox  ct  proctcrca 
nihiV ;  besides  which  I  have  a  very  bad  pen  and  no  knife 
to  mend  it,"  referring,  of  course,  to  his  cjuill. 

As  the  seven-year  period  of  his  indenture  expired 
the  previous  November  and  he  had  indicated  his  willing- 
ness to  make  a  just  settlement  with  his  former  "master," 
some  result  was  no  doubt  effected  and  it  is  probable 
that  his  brother  advised  going  "southward."  At  any 
rate,  by  June.  1818.  he  was  in  Frederick  City,  Md.,  trying 
to  make  a  deal  for  a  plant  for  a  newspaper  and  printing- 
office,  in  one  of  two  or  three  surrounding  towns,  espe- 
cially Union  and  Westminster.^  Writing  from  the  latter 
place  on  July  3d  he  says :  "This  part  of  the  country  is 
thickly  settled  and  this  place  is  equi-distant  from  Fred- 

•  During  part  of  the  interval  between  February  and  June,  1818,  it  is  said 
by  a  writer  in  the  Democratic  Review  of  New  York,  April,  1847,  that  the  young 
printer  was  with  Dr.  Webster  Lewis  at  the  old  home  town  studying  medicine. 


42  ELLIS  LEWIS 

erick  and  r.altiniore;  —  twenty-six  miles  from  each. 
Union  is  iive  miles  from  here.  I  proposed  establishing 
an  'Impartial  Recorder,'  in  the  latter  town,  to  one  of  its 
citizens,  who  immediately  said  he  would  become  answer- 
able for  twenty  subscribers,  and  pay  the  office  rent 
himself, — and  actually  got  twenty-eight  subscribers  in 
less  than  an  hour — and  also  had  a  house  engaged  in  that 
time  for  the  office."  He  explains  his  purpose  to  go  to 
Baltimore  and  arrange  the  further  details,  and  that  he 
is  to  begin  as  soon  as  two  hundred  subscribers  are 
secured  by  the  gentlemen  interested.  He  expected  to 
do  a  good  deal  of  book-work  for  Baltimore  houses,  and 
made  his  way  there  on  July  4th.  His  plans  involved 
a  loan  of  two  or  three  hundred  dollars  from  his  brother, 
and  while  waiting  he  heard  of  the  death  of  the  latter's 
wife,  which  seemed  about  to  disarrange  his  plans.  He 
wrote  expressing  his  sympathy:  "Let  not  this  weigh 
down  your  spirits.  I  would  oifer  Christian  consolation 
but  I  am  no  Christian.  I  have  supported  myself  in  sorrows 
(which  are  many  and  unknown)  by  reflections  like 
these : — 

'Of  chance,  or  change,  Oh  !  let  not  man  complain ! 
Else  will  he  never,  never  cease  to  wail ; 
For,  from  the  imperial  down  to  where  the  swain 
Rears  the  lone  cottage  in  the  silent  dale : 
All  feel  the  assault  of  fortune's  fickle  gale. 
Art,  Empire,  Earth  itself  to  change  are  doom'd ; 
Earthquakes  have  raised  to  heaven  the  humblest  vales, 
And  gulphs  the  mountain's  mighty  mass  entomb'd. 
And  where  the  Atlantic  rolls  wide  continents  have  bloom'd." 

—Bcatty.'^ 

This,  of  course,  meant  merely  that  he  was  in  the  agnostic 
period  which  most  virile-minded  young  men  pass  who 
have  not  happened  to  have  a  tactful  leading  by  some  one 
in  whose  character  and  ability  both  they  have  confidence. 
It  should  be  recalled,  although  it  is  difficult  to  realize 
it,  that  at  the  time  young  Lewis  was  born  it  was  almost 
entirely  about  the  southern  half  of  Pennsylvania  that 
was  the  well-settled  part,  and  that  even  so  late  as  the 
year  of  his  indenture  to  John  Wyeth  comparatively  little 
encroachment  had  been  made  into  the  northern  half, 
except  up  the  banks  of  the  Susquehanna  and  along  its 

^  Letter  of  July  24,  1818.    These  letters  are  in  possession  of  Miss  Josephine 
Lewis,   Philadelphia. 


Map    Showing    Distribution    of    Population    in    Pennsylvania 
in    1820,   in   the   Census   Pureau    Atlas 


ELLIS  LEWIS— PRINTER  AND  EDITOR  43 

northern  branch  and  np  the  Allegheny  River.  And  it 
will  surprise  one  who  has  not  investigated  it  to  discover 
that  central  Maryland  about  Frederick  City  was  one  of 
the  most  thickly-settled  regions  of  the  United  States — 
equal  to  those  about  Baltimore,  upper  Delaware  and 
southeastern  Pennsylvania  and  the  Jersey,  Hudson  and 
New  England  regions.  But  by  the  time  Ellis  Lewis  was 
contemplating  the  foundation  of  his  "Impartial  Recorder" 
at  Westminster,  thorough  settlement  had  begun  to  press 
further  into  the  northern  half  of  his  native  State,  with 
Sunbury,  at  the  junction  of  the  branches  of  the  Susque- 
hanna, as  a  radiating-  center,  and  the  newer  development 
was  quite  marked  up  the  West  Branch,  the  region  made 
notable  by  the  rise  and  fall  of  the  surveyor  and  "land 
king,"  Samuel  Wallis,  some  years  before.'  It  is  true,  the 
original  Lycoming  County  and  its  county  seat,  Williams- 
port,  had  been  organized  before  Lewis  was  born,  and 
the  latter  had  been  an  incorporated  borough  for  a  dozen 
years  past;  while  at  this  very  time  it  was  large  enough 
to  have  two  newspapers — the  Gazette,  owned  by  J.  K. 
Torbert,  and  the  Advertiser,  owned  by  a  Mr.  Simpson.^ 
So  that  young  Lewis,  even  while  in  Wyeth's  office,  must 
have  been  familiar  with  newspaper  conditions  there. 

Just  how  he  became  interested  in  Simpson's  Advertiser 
is  unknown,  but  before  the  summer  closed  he  left  Balti- 
more, and  by  September  was  in  Williamsport  negotiating 
with  the  gentleman  for  a  part  ownership.  On  September 
2d  (1818)  he  writes  his  brother,  from  the  latter  place, 
saying,  among  other  things:  "The  Wednesday  previous 
to  my  arrival  here  he  [Simpson]  announced  to  his  patrons 
that  his  editorial  duties  had  ceased,  and  that  mi}ic  had 
commenced":  but  the  efYort  to  press  the  young  printer 
into  a  bargain  that  he  did  not  approve,  made  this 
announcement  both  premature  and  not  quite  accurate ; 
for,  in  disgust,  young  Lewis  went  over  to  the  Gaaetie 
office,  where,  the  letter  continues,  "I  am  now  employed 
as  a  journeyman  with  Mr.  Torbett  —  probably  I  may 
enter  into  partnership  with  him."^     He  also  says  he  has 

'John  F.  Meginness,  in  his  History  of  Lycoming  County,  p.  66,  gives  a 
considerable  account  of  the  litigation  over  the  Wallis  lands,  and  their  loss  by 
the  Wallis  family. 

^  Mr.  Meginness'  History,  p.  382,  says  the  Advertiser,  was  started  in  1815 
and  lasted  about  six  months  only,  but  this  is  an  error,  as  will  be  seen  by  Mr. 
Lewis'  letter. 

"The  J-cwis  papers. 


44  ELLIS  LEWIS 

transferred  the  subscribers  he  received  in  Lewisberry 
from  the  Advertiser  "to  Mr.  Torbett's  list."  On  the  19th 
he  writes  that  he  is  getting  "five  dollars  per  week !"  and 
has  made  an  agreement  of  partnership  to  take  effect  on 
the  27th  of  October.  He  is  to  pay  three  hundred  dollars 
by  April  ist,  1819,  which  he  considers  fair,  as  there  are 
three  presses  and  various  types  which  he  describes  in 
detail.  He  says  Mr.  Torbert's  ill  health  had  caused  so 
much  trouble  that  the  subscription  list  was  reduced  to 
357.  Eight  months  later  Mr.  Torbert's  affairs  were  in 
such  shape  that  Lewis  secretly  bought  his  share  of  the 
office  to  head  off  a  possible  public  sale  of  it.  This  was 
not  made  public,  however,  during  that  year.  The  same 
letter,  namely  that  of  May  19,  1819,  frankly  tells  of  his 
failure  in  affairs  of  the  heart — apparently  of  a  not  very 
serious  grade. 

By  mid-summer,  the  young  editor  had  had  many 
experiences.  "At  a  time,"  he  writes  on  July  15th,  "when 
this  part  of  the  country  was  thinly  populated  (with  a 
population,  too,  not  the  most  enlightened), — a  man  of 
common  talent  might  answer  very  well  for  an  editor  of 
a  paper.  But,  at  the  present  time,  when  the  people  are 
becoming  more  intelligent,  and  when  that  intelligence 
is  increased  by  the  constant  influx  of  well-informed  ad- 
venturers, I  constantly  feel  myself  inefficient  to  the 
management  of  a  public  print,  like  the  one  under  my 
charge — (I  may  say  'under  my  charge,'  for  Torbert  has 
never  written  half  a  dozen  lines  for  the  paper  since  I 
entered  into  partnership  with  him).  I  have  thought  of 
a  number  of  plans  for  the  accomplishment  of  my  wishes. 
At  times  I  have  thought  of  getting  you  to  take  the  place 
of  Torbert  or  myself.  At  other  times  I  have  thought  of 
uniting  with  Wadsworth  (the  author  of  a  piece  signed 
'Fair  Play'  in  our  paper)  in  the  practice  of  the  law  and  the 
publishing  of  the  paper.  And  finally  of  getting  married 
as  soon  as  I  can  and  taking  the  whole  of  the  establish- 
ment into  my  hands  and  conducting  it  as  well  as  I  know 
how,  &c.,  &c.,  &c."  Finally  he  had  occasion  to  be  the 
"fighting  editor,"  in  defending  himself  from  assault  by 
the  man  Simpson — who  seems  to  have  dropped  his  paper 
and  become  a  kind  of  legal  practitioner, — because  he 
refused  to  print  an  article  containing  personalities.     In- 


ELLIS  LEWIS— PRINTER  AND  EDITOR  45 

deed,  this  former  editor  of  the  defunct  Advertiser  became 
an  avowed  enemy  and  attempted  to  make  capital  out  of 
the  old  Wyeth  affair.  He  had  threatened  to  have  the 
citizens  call  Lewis  "a  Federalist"  and  thereby  "d — mn" 
Lewis,  to  quote  the  belligerent's  language,  but  it  was 
all  in  vain. 

A  single  copy  of  the  Lycoming  Gazette,  "New  Series, 
Vol.  II,  No.  II,"  issued  on  January  5,  1820,  with  the 
motto  "Be  just  and  fear  not. — Let  all  the  ends  thou 
aim'st  at  be  thy  Country's,  thy  God's,  and  Truth's," — 
the  only  copy  during  his  reign  known — indicates  a  paper 
in  prosperous  condition.^  Mr.  Torbert  advertises  that  all 
debts  must  be  paid  him  at  once  or  suit  will  follow.  This 
indicates  the  seriousness  of  Lewis's  purpose  to  get  one 
of  his  brothers  to  buy  out  Torbert.  In  a  letter  of  April 
22d  following  this  issue  he  tells  his  brother  that  Torbert 
will  now  sell  for  $600;  that  the  whole  proceeds  of  the 
ofifice  for  eighteen  months  past  is  estimated  at  $3,290; 
that  the  subscription  is  valued  at  $1,500  annually;  and 
that  the  job  work  from  April,  1819  to  April,  1820,  brought 
over  $751.  He  wants  to  do  some  book  work,  but  his 
partner  is  timid ;  he  believes  a  compilation  of  certain 
laws  would  sell  well.  He  is  determined  to  close  with 
Mr.  Torbert  at  the  end  of  the  year,  and  advises  his 
brother  Eli  to  come  and  examine  the  situation.  "We 
will  support  Mr.  Findlay  in  preference  to  Hiester  or 
perhaps  any  other  candidate  that  may  be  nominated," 
he  writes,  the  first  note  of  entry  into  State  politics.  He 
also  avows  he  is  "really  in  love  in  earnest,"  and  also 
that  he  desires  his  "certificate" — from  the  Friends  Meet- 
ing no  doubt — "for  I  have  a  notion  to  be  religious — at 
least  much  more  so  than  I  have  been."-  With  this,  the 
period  of  "storm  and  stress"  and  "wander  lust"  had 
apparently  closed  and  he  was  an  established  editor,  with 
all  the  opportunities  of  central  Pennsylvania  before  him. 

'  This  copy  is  in  possession  of  the  historical  collection  of  the  Pennsylvania 
State  Bar  Association  at  the  University  Law  School,  Philadelphia.  In  a  letter 
to  the  Lycoming  Gazette,  years  later,  he  says  he  gave  it  a  motto  from  Henry 
VIII. 

The  earliest  copy  known,  namely,  one  of  1808,  is  in  possession  of  J.  H. 
McMinn,  Esq.,  of  VVilliamsport.  The  next  after  that  is  one  of  January  10, 
1810,  issued  on  Wednesday  and  numbered  26,  of  \'ol.  Ill,  and  is  in  possession 
of  J.  M.  M.  (lernerd,  ICsq.,  of  Muncy,  J'a.  Mr.  McMinn  also  has  a  mutilated 
copy  of  an  issue  of  181S.  Tunison  Coryell  left  a  fine  file  which  was  placed  in 
an  old  puMic  library  in  W'illiamsport  which  went  into  decay,  and  his  son, 
John  H.  Coryell,  lisq.,  of  the  same  city,  one  day  found  them  so  nearly 
destroyed  that  he  succeeded  in  saving  but  a  small  remnant. 

'  rile   Lewis  letters  in  possession  of  Miss  Josephine  Lewis,   Philadelphia. 


CHAPTER  IV 

The  Young  Editor  Studies  Law,  and  Is  Active  in 

Public  Affairs.     His  Ability  as  an 

Independent  Student 

1820 

The  smaller  interior  towns  at  this  period  demanded 
both  the  editor  and  the  lawyer,  but  for  a  man  who  had 
abilities  to  equal  the  expectations  in  both  cases,  the 
returns  were  not  always  sufficiently  remunerative.  It 
was  a  very  common  thing,  therefore,  for  men  to  unite 
the  two  in  themselves,  not  only  for  this  reason,  but 
because  such  a  combination  was  peculiarly  fitted  to  open 
the  way  to  a  public  career.  The  young  editor's  brother, 
James,  at  York,  like  many  another  over  this  and  other 
States,  had  made  this  combination,  for  he  had  studied 
law  and  was  now  part  owner  of  the  Recorder,  of  that 
borough.  He  was  attracted  to  the  opening  at  Williams- 
port,  and  in  June  (1820)  proposed  buying  Mr.  Torbert's 
share  in  the  Gazette,  instructing  Ellis  in  the  law  and 
becoming  an  equal  partner  in  both  professions.  While 
the  latter  was  a  devoted  admirer  of  his  brother  Eli  and 
had  great  confidence  in  his  wisdom,  this  proposition  from 
James  seemed  to  be  so  perfectly  adapted  to  his  secret 
aspirations  that  he  plainly  manifested  his  pleasure  at 
the  prospect.  The  ofTer  came,  too,  at  a  time  when  he 
felt  the  need  of  companionship  and  a  more  engrossing 
interest,  for,  like  many  another  before  and  since  his 
time,  he  seems  to  have  had  another  unsuccessful  love 
aflfair  and  with  stoical  resignation  argues  that  two  courses 
are  open  to  him :  to  sell  out  and  leave,  or  have  James 
come  in  as  partner  and  begin  "intense  application"  to 
business  and  to  law  in  his  "leisure  hours" — as  if  "intense 
application"  had  not  been  his  constant  habit  for  years 
past ! 

The  most  significant  occurrences  during  this  month 
of  June,  however,  were  those  that  indicated  the  desire 

46 


HE  STUDIES  LAW  AND  POLITICS  47 

of  the  youii.c^  editor  for  a  part  in  public  affairs.  He  wrote 
his  brother,  EH,  then  postmaster  at  Lewisberry,  that 
he  wanted  the  office  of  Reji^ister  and  Recorder  at  Wil- 
liamsport,  in  case  Mr.  Tunison  Coryell  was  to  be  dis- 
placed. He  believed  his  relation  to  Governor  Findlay, 
as  well  as  to  the  people,  warranted  him  in  the  belief 
that  he  could  secure  the  position.  His  standing,  he  said, 
was  due  to  the  fact  that  he  had  championed  the  cause 
of  "the  plain,  blunt  men,"  the  common  people,  often  in 
opposition  to  the  influential  element,  generally  known 
as  "the  Hepburn  connexion."  In  this  he  had  been 
strengthened  the  previous  winter  by  a  public  address 
he  had  made,  by  request,  in  a  debate  at  Jersey  Shore 
on  the  Missouri  compromise  question,  and  the  letter  of 
June  24th,  in  which  this  event  is  described,  manifests 
an  incipient  skill  in  managing  a  campaign  in  public 
affairs.  His  brothers,  however,  both  discouraged  this 
particular  plan  for  the  offices  mentioned,  and  he  yielded 
to  their  judgment;  "this,"  said  he,  "I  feel  the  less  reluct- 
ance in  doing,  as  we  are  likely  to  [be]  drawn  into  more 
warmth  on  the  subject  of  Mr.  Findlay  than  we  at  first 
expected,  and  my  motives  might  be  misconstrued  by  the 
opponents  of  Mr.  Findlay."  This  course  proved  to  be 
a  wise  one,  for  this  Governor  of  Pennsylvania,  who  had 
been  in  office  since  1817,  during  which  time  he  had  laid 
the  corner-stone  of  the  new  capitol,  was  now  up  for  re- 
election against  a  rival  Democrat,  with  an  equally  dis- 
tinguished career  in  the  public  life  of  the  State,  Colonel 
Joseph  Hiester,  of  the  Berks  County  family  so  well 
known  in  the  previous  public  life  of  the  State,  and  party 
spirit  ran  so  high  and  the  assaults  on  the  Governor  were 
so  bitter  that  his  rival  was  successful.^  This  incident, 
however,  served  to  show  that  Ellis  Lewis  had,  at  the  age 
of  twenty-two,  "found  himself"  at  last,  and  that  his 
abandonment  of  the   purpose   to  enter  public   life   was 

'  Governor  William  Findlay,  1768- 1846,  was  in  the  Legislature  in  1797  and 
1803,  and  from  1807  was  for  a  decade  State  Treasurer.  After  his  defeat  a  com- 
promise sent  him  to  the  United  States  Senate  for  one  term,  and  from  1827  to 
1840  he  was  treasurer  of  the  Mint  at  Philadelphia.  He  died  in  Ilarrisburg  in 
1846. 

Governor  Joseph  Hiester,  1752-18,1:;,  a  cousin  of  Daniel  and  John  Hiester, 
both  prominent  in  public  life  of  "the  .State,  was  a  Colonel  of  the  Revolution, 
a  member  of  both  State  Constitutional  Conventions,  and  of  both  Houses  of 
the  Legislature,  a  Major-General  of  Militia,  and  a  Congressman  from  1797  to 
1805  and  from  1815  to  i8ro,  when  he  resigned  to  take  his  last  post  in  public 
life,  the  Governorship.     He  died  in  Reading  in   1832. 


48  ELLIS  LEWIS 

only  a  temporary   concession   to  the  combined  wisdom 
of  his  two  brothers. 

James  had  not  come  to  a  positive  decision  by  the 
20th  of  July,  the  end  of  a  new  quarter  when  Ellis  had 
determined  to  close  his  relation  with  Mr.  Torbert,  and 
he  thereupon  purchased  the  entire  plant  himself,  in  hopes 
of  the  favorable  action  of  his  brother.  He  was  much 
depressed  during  the  summer  and  urged  Eli  to  come  and 
take  the  entire  plant  and  let  him  get  away  for  awhile. 
He  made  a  visit  to  his  old  home  late  in  the  year,  and 
incidentally  visited  Wyeth's  book-store  for  the  first  time 
since  he  took  leave  of  it.  He  did  an  excellent  business 
for  a  year  more  in  his  management  of  the  Gazette,  but 
his  eyes  had  been  turned  more  and  more  to  the  law,  and 
as  he  dipped  into  it  increasingly  and  was  influenced  by 
James  in  the  same  direction,  although  the  latter  found 
himself  unable  to  make  a  partnership,  he  concluded  to 
dispose  of  his  paper  in  July,  1821,  to  his  friend,  Tunison 
Coryell,  and  devote  himself  wholly  to  the  law.^  It  is 
not  known  just  when  he  began  the  study  of  the  law,  but 
so  early  as  the  middle  of  1820  he  has  been  seen  to  know 
enough  about  the  laws  to  have  a  publication  in  mind, 
and  it  is  also  known  that  at  this  very  time  the  Deputy 
Attorney-General  for  Lycoming  County  was  Espy  Van 
Horn,  Esq.,  who  had  then  been  in  office  a  year  and  who 
is  known  to,  at  some  time,  have  been  Mr.  Lewis'  pre- 
ceptor. It  is  said,  also,  upon  the  same  authority,-  that 
he  succeeded  Mr.  Van  Horn  at  this  very  date  and  served 
for  1820,  but  it  seems  as  if  his  correspondence  must  have 
had  some  reference  to  it,  even  if  he  were  his  preceptor's 
assistant  only,  and  that  is  all  he  could  have  been,  for 

*  In  Mr.  Meginness'  Plistory  of  Lycoming  County,  p.  380,  he  states  that 
this  sale  occurred,  but  mistakenly  speaks  of  a  partnership  between  Brindle  & 
Lewis — probably  a  typographical  error.  On  p.  290  he  states  that  Mr.  Lewis  was 
Deputy  Attorney-General  for  the  rest  of  1820 — an  error  also.  In  a  manuscript 
left  by  Tunison  Coryell  to  his  son  John  B.  Coryell,  Esq.,  of  Williamsport,  on 
p.  22,  he  says:  "In  1821  I  purchased  the  Gazette  of  Ellis  Lewis,  which  had  only 
four  hundred  subscribers."  He  then  describes  how  he,  Coryell,  increased  its 
circulation  and  finally  sold  it  in  August,  1823,  namely,  he  got  the  Tioga  people 
to  agree  to  take  200  copies  if  he  woiild  secure  them  a  mail  route,  and  he  suc- 
ceeded. I-Ie  says  also  that  he  was  instrumental  in  getting  Lewis  to  join  Tor- 
bert, and  explains  that  Torbert  had  been  a  teacher  and  was  the  author  of  "Tor- 
bert's  Arithmetic,"  a  school-book  of  the  day.  He  also  adds  that  Lewis  boarded 
with  him  while  studying  law  in  \'an  Horn's  office— "he  was  an  industrious 
reader  &  was  first  admitted  to  practice  in  the  courts  of  Lycoming  County. 
He  had  but  a  small  practice  and  became  discouraged  and  after  much  persuasion 
on  my  part  prevailed  on  him  to  persevere  and  not  attempt  to  change  his  situ- 
ation," and  that  as  he  had  "put  the  plow  in  operation  not  to  look  back  and  that 
he    would    eventually   succeed." 

■^  Ibid. 


HE  STUDIES  LAW  AND  POLITICS  49 

he  was  not  yet  admitted  to  the  bar.  In  a  letter  of  March 
2,  1822,  nearly  a  year  after  he  disposed  of  his  paper,  he 
writes  his  brother,  Eli,  who  had  evidently  tried  to  per- 
suade him  to  study  in  York,  that  he  believed  "it  would 
be  better  to  finish  my  studies  in  this  place" — that  is, 
Williamsport.  He  was  prospering,  however,  whatever 
he  was  doing,  for  on  July  27th  following  he  says  he  is 
now  free  of  debt,  except  what  he  owed  Eli,  and  on 
the  3d  of  September  (1822),  after  examination  by  three 
attorneys,  Thomas  Burnsidc,  Samuel  Hepburn  and  Alem 
Marr,  he  was  admitted  to  the  bar.^ 

He  had  become  a  great  favorite  in  Williamsport  and 
was  readily  recognized  by  leaders  there  and  over  the 
State  as  a  force  to  be  reckoned  with  in  democratic 
politics.  To  i\Ir.  Torbert  he  was  such  a  hero  in  wresting 
success  from  failure,  in  newspaper  management  at  least, 
that  the  latter  named  a  son  Ellis  Lewis  Torbert,  about 
two  months  before  the  admission  to  the  bar  above  men- 
tioned. His  brother,  Eli,  meanwhile  had  gone  to  York 
and  become  an  owner  of  a  paper  there,  probably  with 
James,  so  that  with  Ellis'  influence  in  the  journalism  and 
politics  of  Williamsport  and  Eli's  and  James'  power  at 
York,  the  "tribe  of  Eli"  was  an  even  larger  influence 
than  in  the  days  of  the  author  of  "St.  Clair's  Defeat."^ 
And  one  event  occurred  which  extended  this  influence, 
and  that  was  his  own  marriage  into  the  Wallis  family, 
made  famous  in  that  region  by  the  career  of  the  surveyor 
and  "land-king,"  Samuel  Wallis,  and  his  half-brother, 
Joseph  Jacob  Wallis,  a  partner  in  many  of  his  enterprises, 
in  the  closing  years  of  the  preceding  century.  The  event 
occurred  on  November  21st  (1822),  and  on  the  30th,  he 
writes  his  brother:  "I  am  now,  I  believe,  permanently 
fixed  in  this  place.  I  am  married  to  the  daughter  of 
j\Ir.  J.  J.  Wallis,  one  of  the  gentlemen  who  called  at 
your  office  to  see  me,  when  I  was  in  Your  county  about 
a  year  ago."  It  seems  that  when  he  came  to  the  real 
affair  of  the  heart,  it  was,  as  is  often  the  case,  the  one 
on   which   he  preserved   most   silence.      Miss  Josephine 


'  His  certificate  of  admission  among  the  Lewis  papers  gives  the  date  as 
September  3d,  not  2d,  as  Mr.  Meginness'  history  has  it.  His  examiners'  names 
are  given   by  the   latter,   and   are   believed   to   l)e   correct. 

^  In  a  letter  of  July  27,  1822,  stating  some  of  these  facts,  Mr.  Lewis  shows 
that  but  little  cash  was  used  in  the  Williamsport  region.  Individual  paper 
was  used  a  great  deal — "for  almost  everything  goes  by  trade  here,"  he  adds. 
There  was  "paper"  and  "par-paper,"  terms  that  were  constantly  in  use. 


so  ELLIS  LEWIS 

Wallis,  born  January  2,  1804.  and  thus  about  six  years 
the  junior  of  Attorney  Lewis,  was  the  daughter  of  Joseph 
J.  and  EHzabeth  Wallis,  of  Williamsport,  so  that  they 
were  respectively  twenty-four  and  eighteen  years  of  age. 
They  were  inclined  to  look  upon  marriage  as  a  "stern 
reality,"  as  the  young  attorney  expressed  it  in  his  letter, 
and  later  events  proved  both  the  happiness  and  the 
wisdom  of  their  mutual  choice. 

Professionally,  he  was  forging  ahead.  "I  am  con- 
cerned in  a  murder  case  to  come  on  next  week,"  he 
continues,  in  the  same  letter, — "fee  $90 — a  habeas  corpus 
case  fee  $20 — a  certiorari,  fee  $10.  An  assault  &  bat- 
tery and  disturbing  religious  meeting — [not  plain] — and 
several  in  Tioga.  I  think  I  shall  get  into  business  here." 
By  the  following  spring  he  was  equally  successful.  "I 
am  very  well  satisfied  with  the  practice  of  the  Law,"  he 
writes  on  March  4th  (1823).  "My  business  as  might  be 
expected  is  not  very  extensive.  But  it  is  as  much  so  as 
I  could  reasonably  have  anticipated."  He  also  considers 
his  citizenship  a  part  of  his  life  business  and  proposes 
to  be  a  force  in  it.  The  letter  above  mentioned  was 
written  on  the  day  of  the  democratic  State  convention. 
"This  day,"  he  writes,  "will,  I  suppose,  decide  who's  to 
be  our  governor.  I  trust  that  George  Bryan,"  a  son  of 
President  Bryan,  of  the  Revolution,  "will  be  nominated 
— and  should  very  much  wish  him  supported,  or  at  least 
not  warmly  opposed,  by  my  friends  in  York — I  want  noth- 
ing for  myself,  and  while  I  am  able  to  practice  law  shall 
ask  nothing.  But  I  have  a  most  anxious  desire,  as  we 
all  ought  to  have,  to  see  Mr.  Hamersly  continued. 
Should  Mr.  Bryan  be  elected  I  have  the  strongest  reason 
for  believing  that  I  could  speak  to  him  through  my 
friends  in  a  language  that  would  be  heard,  and  thus  be 
enabled  to  throw  a  mite  along  with  the  general  exer- 
tions which  might  be  made  for  Mr.  Hamersly."^  Mr. 
Bryan  was  not  the  nominee  of  the  convention,  however, 
and  Mr.  Lewis  and  his  friends  were  compelled  to  accept 
the  candidacy  of  Mr.  Shulze.  In  a  letter  of  the  24th, 
however,  he  says  he  knows  but  one  man,  Wadsworth, 
who  is  personally  acquainted  with  Shulze,  and  while  he 
thinks  Mr.  Wadsworth  would  do  anything  for  him  that 

'  Mr.  Robert  Hamersly,  as  will  be  recalled,  was  his  brother-in-law. 


HK  STUDIES  LAW  AND  POLITICS  51 

he  could,  he  sees  hope  for  his  brother-in-law  only  in  a 
prudent  personal  course. 

The  candidacy  of  the  nominee  was  not  generally 
acquiesced  in  in  many  parts  of  the  State,  and  there  were 
meetinjjs  for  revolt.  "We  have  had  a  meetinj^^  liere,"  he 
writes  on  May  10th,  "in  opposition  to  Mr.  Shultz.  My 
father-in-law  was  secretary  of  the  meeting.  I  was  first 
nominated  for  secretary,  but  I  rose  and  declined — stating 
that  I  had  a  small  notion  of  supporting  Mr.  Shultz,  and 
alleging  other  reasons  in  excuse.  In  Center  County  they 
have  had  a  meeting  of  the  same  complexion.  In  case 
Bryan  should  be  nominated  and  consent  to  run,  I  think 
there  is  little  doubt  of  success.  In  answer  to  your 
incjuiry  what  course  the  Lycoming  Gazette  will  take  in 
that  event,  I  state  confidentially  that  Mr.  C's  friendship 
for  Mr.  B.  will  make  it  impossible  for  him  to  oppose 
him  actively,  while,  at  the  same  time,  he  has  gone  so 
far  in  favor  of  Shultz  since  the  nomination,  that  the 
paper  cannot  consistently  with-draw  itself  from  Mr.  S. 
A  sale  of  the  establishment  I  think  is  in  contemplation 
to  extricate  the  editor  from  an[y]  difficulty  on  that  score, 
should  it  occur." 


CHAPTER  V 

The    Political    Situation    in    Pennsylvania.      His 
Championship  of  Governor  Shulze.     He  Be- 
comes THE  Deputy  Attorney  -  General 
FOR  Lycoming  and  Tioga  Coun- 
ties.   A  Disastrous  Illness 

1823 

To  understand  the  political  attitude  assumed  by  Ellis 
Lewis  in  the  summer  of  1823,  as  indicated  in  these  letters, 
it  must  be  recalled  that  the  "Sage  of  Monticello" — author 
of  the  "Declaration"  and  leader  of  the  great  upheaval 
against  the  Federalist  Republicans  by  the  Democratic 
Republicans  in  1801,  was  still  alive  and  exercised  a 
tremendous  influence  in  occasional  letters  sent  out  from 
his  Virginia  retreat.  Said  he  in  a  letter  to  the  Lieutenant- 
Governor  of  Kentucky  in  the  previous  summer,  "in  the 
civil  revolution  of  1801,  very  many  and  very  meritorious 
were  the  worthy  patriots  who  assisted  in  bringing  back 
our  government  to  its  republican  track.  To  preserve 
it  in  that  will  require  unremitting  vigilance.  Whether 
the  surrender  of  our  opponents,  their  reception  into  our 
camp,  their  assumption  of  our  name,  and  apparent  acces- 
sion to  our  objects,  may  strengthen  or  weaken  the 
genuine  principles  of  republicanism,  may  be  a  good  or 
an  evil,  is  yet  to  be  seen.  I  consider  the  party  division 
of  whig  and  tory  the  most  wholesome  which  can  exist 
in  any  government,  and  well  worthy  of  being  nourished, 
to  keep  out  those  of  a  more  dangerous  character.  We 
already  see  the  power,  installed  for  life,  responsible  to 
no  authority,  for  impeachment  is  not  even  a  scare-crow, 
advancing  with  noiseless  and  steady  pace  to  the  great 
object  of  consolidation;  the  foundations  are  already 
deeply  laid,  by  their  decisions,  for  the  annihilation  of 
state  rights,  and  the  removal  of  every  check,  every  coun- 
terpoise to  the  ingulfing  power  of  which  themselves  are 

52 


PENNSYLVANIA'S  POLITICAL  SITUATION  53 

to  make  a  sovereign  part.  If  ever  this  vast  country  is 
brought  under  a  single  government,  it  will  be  one  of  the 
most  extensive  corruptions,  indifferent  and  incapable  of 
a  wholesome  care  over  so  wide  a  spread  of  surface.  This 
will  not  be  borne,  and  you  will  have  to  choose  between 
reformation  and  revolution.  If  I  know  the  spirit  of  this 
country,  the  one  or  the  other  is  inevitable.  Before  the 
canker  is  become  inveterate,  before  its  venom  has  reached 
so  much  of  the  body  politic  as  to  get  beyond  controul, 
remedy  should  be  applied.  Let  the  future  appointments 
of  judges  be  for  four  or  six  years,  and  removable  by 
the  president  and  Senate.  This  will  bring  their  conduct, 
at  regular  periods,  under  revision  and  probation,  and 
may  keep  them  in  equipoise  between  the  general  and 
special  governments.  We  have  erred  in  this  point  by 
copying  England,  where  certainly  it  is  a  good  thing 
to  have  the  judges  independent  of  the  King;  but 
we  have  omitted  to  copy  their  caution  also,  which 
makes  a  judge  removable  on  the  address  of  both 
legislative  houses.  That  there  should  be  public  func- 
tionaries independent  of  the  nation,  whatever  may  be 
their  demerit,  is  a  solecism  in  a  republic,  of  the  first 
order  of  absurdity  and  inconsistence."^  The  intense 
conviction  and  apprehension  exhibited  in  this  letter 
animated  most  of  his  followers,  especially  in  the  State 
which  had,  as  has  been  said,  made  his  dominance  possible 
through  the  fiery  leadership  of  Governor  Thomas  Mc- 
Kean,  who  had  died  but  a  half-dozen  years  before;  the 
great  victory  of  1808,  when  the  man  of  the  people,  the 
late  lamented  Simon  Snyder,  was  made  chief  executive 
of  Pennsylvania,  also  seemed  to  add  to  intensity  of 
conviction  the  confidence  which  is  begotten  of  success. - 
The  passing  of  the  old  leaders  of  the  revolution  and 
the  chaos  of  a  seething  political  caldron  of  candidacy 
for  new  leadership  all  combined  to  make  the  next  gover- 
norship, that  of  William  Findlay,  a  most  stormy  one, 
and  the  next,  namely,  that  of  Joseph  Hiester,  scarcely 

*  Letter  to  Lieutenant-Governor  Barry  of  Kentuckyj  from  Thomas  Jeflfer- 
son,  dated  at  Monticello,  July  2,  1822,  in  the  Franklin  Gasctte  of  Philadelphia, 
of  January    11,    1823. 

'  Simon  Snyder,  1759-1819,  was  a  native  of  Lancaster  and  resident  of 
Selinsgrove,  Pa.  He  was  in  the  convention  that  framed  the  Constitution  of 
1791;  the  House  of  Representatives  in  1797  and  was  Speaker  in  1802,  and  for 
six  successive  terms;  was  Governor  in  1808  and  Senator  in  1817.  Snyder  County 
bears   his   name. 


54  ELLIS  LEWIS 

less  so.  It  was  a  period  of  leadership  that  was  a  contest 
between  the  merely  political  leader  and  those  who  were 
believed  to  aim  at  the  standards  of  the  old  statesmen. 
It  was  a  war  between  the  tendencies  to  the  dominance  of 
those  with  Federalist  leanings  within  the  Republican 
party  and  those  who  were  the  original  Democratic  Re- 
publicans, and  it  was  the  more  bitter  because  a  war  of 
tendencies.  "A  variety  of  circumstances,"  said  the  editor 
of  the  Franklin  Gazette,  describing  those  two  administra- 
tions, "familiar  to  all,  many  years  since,  produced  a 
partial  secession  from  the  great  body  of  the  party,  the 
individuals  attached  to  which  were  but  too  apt  to  throw 
their  weight  in  the  scale  of  their  old  political  opponents. 
The  result  of  the  last  election  of  Governor  [Hiester], 
produced  by  a  similar  but  more  extensive  amalgamation, 
has  afforded  such  a  demonstration  of  its  disastrous  con- 
sequences, that  the  most  sceptical  have  become  convinced 
that  the  supposed  errors  of  their  democratic  brethren 
are  secondary  in  comparison  with  the  effects  of  Federal 
misrule. — The  predicament  was  indeed  novel  in  which 
democratic  Pennsylvania  found  herself  placed  by  the 
eccentric  course  of  the  gubernatorial  election.  Governed 
by  principles  which,  in  the  hour  of  political  trial  she  was 
the  first  to  repudiate,  receiving  into  her  councils  men 
whose  unpopular  and  anti-national  principles  had  long 
before  consigned  them  to  their  proper  sphere,  the  shades 
of  private  life,  her  situation  was  both  irk-some  and  un- 
natural. The  feverish  irratibility  that  produced  this 
morbid  action  soon  subsided.  Thousands  have  rejoined 
the  party  who  had  been  long  estranged  from  it,  con- 
vinced from  the  experience  of  the  last  three  years,  that 
in  any  union  of  democracy  with  federalism,  the  former 
must  necessarily  be  injured."^ 

The  territorial  expression  of  the  contest  between 
Findlay  for  a  second  term  and  Hiester,  the  successful 
candidate,  was  very  curious :  With  a  few  exceptions  on 
both  sides,  it  may  be  said  that  generally  the  old  settled 
part  of  Pennsylvania,  say  all  south  of  a  line  drawn  from 
Trenton  to  Altoona  and  down  the  Allegheny  ridge,  went 
for  Hiester,  while  the  rest  of  the  State  stood  by  Governor 
Findlay.     In   consequence,   Ellis   Lewis,  when   he   took 

*  Issue  of  March  28,   1823.     Norvell  was  the  editor. 


PENNSYLVANIA'S  POLITICAL  SITUATION  55 

an  independent  stand  for  Governor  Hiester  was  in  oppo- 
sition to  the  prevailing  sentiment  on  the  upper  waters 
of  the  Susquehanna,  both  east  and  west.  And  it  was, 
in  a  general  way.  the  latter  element  which  favored  the 
nomination  of  George  Bryan,  of  Lancaster,  or  reluctantly 
acquiesced  finally  in  the  nomination  of  John  Andrew 
Shulze  in  1823. 

In  leadership  this  contest  was  expressed  even  more 
curiously.  The  previous  year  there  had  died  in  Philadel- 
phia a  man  who  had  been  a  most  powerful  political  leader 
of  the  Jefferson  party,  Dr.  Michael  Lieb,  1759-1822,  then 
the  city's  postmaster,  but  one-time  Congressman  and 
United  States  Senator.  His  colleague  in  political  leader- 
ship was  a  remarkable  journalist,  named  William  Duane, 
1760-1835.  editor  of  The  Aurora,  of  Philadelphia,  the 
sometime  most  powerful  JefTerson  paper  in  the  United 
States,  one  which  Mr.  Jefiferson  acknowledged,  it  is  said, 
as  the  most  effective  journal  in  his  elevation.^  Duane 
had  gradually  dropped  out  of  journalism  though  after 
the  removal  of  the  capital  to  Washington.  Allied  with 
these  had  been  Alexander  James  Dallas,  of  Philadelphia, 
1759-1817,  and  his  son,  George  Mifflin  Dallas,  1792-1864, 
the  former  of  whom  had  been  a  most  distinguished 
cabinet  officer,  and  previous  to  his  death  had  been  United 
States  District  Attorney  for  the  Eastern  District  of 
Pennsylvania,  while  the  latter  was  at  this  very  date 
Deputy  Attorney-General  for  Philadelphia,  and  his 
brother-in-law,  William  Wilkins,  1779-1865.  was  the 
President  Judge  of  the  "old  Fifth  District"  at  Pittsburgh. 
Into  this  situation  years  before  had  come  a  protege  of 
Editor  Duane.  whom  the  latter  had  met  in  London, 
namely.  John  Binns,  1772-1860,  an  Irishman  who,  after 
his  imprisonment  at  home  as  a  revolutionist,  had  come 
to  Baltimore  in  1801.  and  the  following  year  had  estab- 
lished a  paper  in  Northumberland,  near  the  forks  of  the 
Susquehanna,  called  the  Republican  Argus.    Binns  became 


'  Duane  had  a  remarkable  career.  Born  in  New  York  in  1760,  he  was 
educated  in  Ireland,  became  rich  as  a  journalist  in  India,  was  captured  by  the 
Sepoys  and  finally  returned  to  London,  where  he  edited  the  General  Advertiser 
(afterwards  merged  with  the  Times),  and  in  17Q5  became  editor  of  the  Aurora 
in  Philadelphia.  Jefferson  made  him  a  Lieutenant-Colonel  in  1805  and  he 
served  in  the  War  of  1812.  After  the  Capital  was  removed  to  Washington  he 
left  the  Aurora  and  traveled  and  wrote  hooks  for  many  years.  He  finally 
came  back  to  Philadelphia  and  closed  his  days  in  the  same  way  that  his  latest 
successor  is  doing,  in  the  office  of  Prolhonotary  of  the  Supreme  Court  for  the 
Eastern    District. 


56  ELLIS  LEWIS 

a  powerful  supporter  of  Snyder  both  the  first  time,  when 
unsuccessful,  and  the  second  time,  when  successful.  He 
was  encouraged  to  come  to  Philadelphia  even  before  he 
went  up  on  the  Susquehanna,  by  the  editor  of  the  Aurora, 
and  on  March  27,  1807,  he  had  done  so.  Duane  advised 
him  against  the  title  he  had  chosen  for  his  paper — "The 
Democratic  Press ;"  recalling  to  him  that  Jefferson  him- 
self had  said :  "We  are  all  Republicans ;  we  are  all 
Federalists,"  and  insisting  himself  that  "The  word  demo- 
crat or  democratic  is  not  used  indeed,  or  scarcely  known, 
as  applied  to  politics  or  parties."^  Mr.  Binns  persisted, 
however,  and  said  he,  "It  was  the  'first  paper  published 
in  the  Union,  or  anywhere  else,  under  the  title  of  Demo- 
cratic, and  it  was  some  years  before  the  title  was  adopted 
by  any  other  newspaper  or  by  the  party.  It,  however, 
in  time,  won  its  way  into  public  favor,"  and  the  Democratic 
Press  became  the  successor  to  the  power  and  influence 
of  the  Aurora.  It  was  thought  to  have  elected  Findlay, 
and  because  he  favored  General  Hiester  in  1820  instead 
of  Findlay,  he  was  roundly  charged  with  Hiester's  suc- 
cess by  the  opposition  and  dubbed  "The  Apostate,"  by 
his  rival,  the  Franklin  Gazette,  which  was,  since  his  cham- 
pionship of  Governor  Hiester,  coming  to  receive  the 
favor  of  the  conservative  managers.  This  was  recognized 
by  Mr.  Binns,  and  in  his  issue  of  February  4th,  1823, 
it  was  expressed  by  his  endorsement  of  a  quotation  from 
another  paper,  which  was  a  friend  of  the  candidacy  of 
George  Bryan : 

"Neiv  Catechism  for  a  Federal  Proselyte." 
Q.  What  is  Democracy? 
A.  The  Franklin  Gazette. 
Q.  Explain  its  principles. 
A.  Offices  for  the  Family. 

Q.  What  do  you  understand  by  the  term  'Family'? 
A.  Thomas    Sergeant,    George    M.    Dallas,    Richard 

Bache,  T.  B.  Dallas,  W.  Wilkins,  &c. 
Q.  Do  you  believe  the  Franklin  Gazette  is  the  oracle 

of  the  Party  ? 
A.  I  do — because  the  Family  say  so,  and  through  it 

expect  honor,  office  and  a  competency. 

•  Recollections  of  The  Life  of  John  Binns,  by  Himself,   1854,  p.   197. 


i;i:iTOR    John    ISinns 
engraving   in   his   autobiography 


PENNSYLVANIA'S  POLITICAL  SITUATION  57 

Q.  You    are    admitted    a    Democrat.     Remember 
Ingham  and  Adams  is  the  word!"' 

Mr.  Binn's  paper,  however,  accepted  the  candidacy 
of  Shulzc,  and  the  fight  was  then  on  against  the  Fed- 
eralist candidate,  Andrew  Gregg. 

And  why  should  the  gubernatorial  election  be  the 
center  and  circumference  of  Pennsylvania  State  politics? 
Important  as  it  is  now,  it  does  not  in  any  degree  approach 
the  place  it  had  in  politics  at  this  period,  so  that  it  is 
difficult  for  a  citizen  of  the  twentieth  century  to  fully 
realize  its  significance,  although  the  cause  of  it  can  be 
easily  stated.  This  cause  was  the  fact  that  nearly  all 
public  offices  in  the  State  and  counties  were  filled  by 
appointment  of  the  Governor,  under  the  constitution  of 
1790,  then  in  force.  This  made  the  gubernatorial  patron- 
age simply  astounding,  at  least  to  the  eyes  of  one 
accustomed  to  the  extensive  elective  features  of  the 
present  constitution.^  And  it  made  the  task  of  a  governor 
next  to  impossible  of  accomplishment  without  sowing 
seeds  of  discord  in  every  nook  and  corner  of  the  Common- 
wealth. It  was  Governor  Hiester's  efforts  to  conciliate 
all  elements  by  a  distribution  of  these  offices  that  was 
one  fruitful  source  of  the  bitterness  against  his  adminis- 
tration and  all  who  favored  it.  Mr.  Binn's  appoftitment 
as  an  alderman  of  Philadelphia  especially  enraged  the 
now  dominant  element,  and  they  attributed  to  this  the 
source  of  the  "apostacy"  of  the  Democratic  Press  and  its 
editor  in  the  last  gubernatorial  election.  All  were  now 
agreed  on  Shulze,  except  his  defeated  rival,  George 
Bryan,  of  Lancaster,  whose  public  letters  to  this  effect 
were  made  the  butt  of  ridicule  by  both  the  Gazette  and 
Press. 

"Who  is  Shulzc?"  said  the  Bryanites  and  the  Fed- 
eralists, and  it  may  be  well  to  gain  some  idea  of  the 
man  to  whose  cause  Ellis  Lewis,  of  Williamsport, 
attached  himself.  He  was  born  in  Berks  County  in  1775. 
the  son  of  Rev.  Christopher  E.  Shulze,  a  native  of 
Saxony,  who  was  educated  at  the   universities  of  Jena 

'  Ingham  was  one  of  the  candidates  for  Governor  before  the  convention 
■finally  decided  on  Shulze. 

*  Article  II,  Section  VIII  of  the  Constitution  of  1790-1:  "He  shall  appoint 
all  officers,  whose  offices  are  established  by  this  Constitution,  or  shall  be 
established  by  law,  and  whose  appointments  are  not  herein  otherwise  provided 
for,"  etc. 


58  KLLIS  LEWIS 

and  Halle  and  was  a  professor  in  the  latter.  The  father 
came  to  America  in  1765  and  became  a  German  Lutheran 
pastor  in  Philadelphia  and  in  Berks  County,  and  married 
the  daughter  of  Rev.  Dr.  Henry  M.  Muhlenberg.  The 
son,  John  Andrew,  was  educated  for  the  ministry  in 
Lancaster  and  New  York  under  the  supervision  of  his 
father  and  uncle.  He  was  finally  ordained  to  the 
ministry  and  served  in  Berks. County  for  six  years.  In 
1802  ill-health  compelled  him  to  do  something  else,  and 
he  became  a  merchant  with  eminent  success.  He  served 
in  the  Legislature  and  declined  an  appointment  as 
Surveyor-General  under  Governor  Snyder,  who  then 
appointed  him  to  the  various  clerical  offices  of  Lebanon 
County.  He  was  elected  to  the  Legislature  again  and 
in  1822  to  the  Senate  for  Dauphin  and  Lebanon.'^  He 
was  accustomed  to  success  in  elections,  and  when  the 
complete  returns  came  in  in  October  he  had  carried  the 
State  by  over  25,000,  the  only  regions  giving  a  majority 
to  his  Federalist  opponent  being  Philadelphia  city,  Dela- 
ware, Bucks,  Chester,  Lancaster,  Adams  and  Luzerne 
Counties." 

The  "small  notion  of  supporting  Mr.  Shultz"  which 
Ellis  Lewis  held  on  May  loth  developed  into  vigorous 
championship,  so  that  with  Shulze's  election  he  claimed 
two  offices  for  himself  and  Coryell,  and  his  own  was 
the  Deputy  Attorney-General's  office.  *T  have  this 
moment  returned  from  Harrisburg,"  he  writes  his 
brother  on  January  24,  1824,  "and  hasten  to  answer 
your  letter.  *  *  *  We  have  had  a  hard  struggle  to 
get  Coryell  appointed.  His  opponents  were  first  Turk, 
then  Wood,  and  lastly  CoL  McMcans  himself.  After  a 
great  deal  of  squabbling  in  Harrisburg  on  the  subject 
I  succeeded  on  Tuesday  last  in  getting  the  commissions 
in  my  pocket.  This  will  be  an  advantage  to  me — and 
to  say  the  least  of  it,  I  needed  it  much — the  former 
proty  [prothonotary]  and  shff  [sheriff]  being  both 
friendly  to  others  deprived  me  of  all  the  business  they 
could — the  appointment  of  Deputy  Atty  Genl  will  also 
help  me  some —  *  *  *  was  sworn  in  on  Saturday 
last.     *     *     I  was  appointed  through  the  recommenda- 

'  From  the  Pennsylvania  Intelligencer,  reprinted  in  the  Franklin  Gasette  of 
May   13,    1823.     Also   Lamb's   Biographical   Dictionary. 

*  The  exact  majority  being  25,802,  according  to  the  Franklin  Gazette  of 
November  i,  1823. 


PENNSYLVANIA'S  POLITICAL  SITUATION  59 

tions  of  Judge  Chapman  and  his  associates  of  Lycoming 
County,  Judge  Hcrrick  and  his  associates  of  Tioga  and 
both  our  members, — with  many  other  warm  friends. 
But  McMeans  and  Burnside  are  ^atly  against  me."  He 
adds  that  the  latter  tried  to  secure  Van  Home's  appoint- 
ment, when  Van  Home  and  Lewis  had  a  mode  of  agree- 
ment of  their  own,  by  which  it  was  to  be  decided  which 
should  make  application.^ 

'J'he  young  Deputy  Attorney-General  of  these  two 
counties  had  now  been  victorious  in  journalism,  law  and 
politics  on  a  local  scale  and  was  generally  recognized 
as  on  the  high  road  to  success.-  As  he  was  deputy  for 
both  Lycoming  and  Tioga  it  seemed  wise  for  him  to  live 
for  a  time  at  least  in  Wellsborough,  and  he  moved  there 
during  the  year  1824.  His  bright  prospects  were  sud- 
denly and  seriously  threatened,  however,  by  the  appear- 
ance of  a  disease  in  one  of  the  lower  bones  of  the  leg. 
On  January  14.  iS^S,  he  writes  from  his  new  home: 
"The  hand  of  afliiction  has  been  long  and  heavy  upon 
me.  Ever  since  November  I  have  suffered  and  been 
entirely  unable  to  attend  to  business,  by  reason  of  a 
sore  leg.  I  had  to  send'  twenty-seven  miles  for  surgical 
aid ;  but  instead  of  amputating,  it  has  been  opened  to 
the  bone  as  many  as  five  or  six  times ;  it  is  a  little  better 
now,  but  I  am  sometimes  fearful  that  1  shall  have  to  lose 
it — I  was  prepared  for  amputation  in  the  early  stage  of 
the  complaint  and  could  have  borne  it  freely,  but  I  have 
been  reduced  so  very  much  that  I  feel  as  if  I  dread  it 
now."  By  the  following  month  his  condition  was  so 
serious  that  Mr.  Wallis'  family  desired  him  to  be  brought 
back  to  W'illiamsport  where  they  could  give  him  more 
attention.  This  was  done,  and  on  February  5th,  he 
writes  Eli  Lewis  at  York  that  he  is  unable  to  attend  to 
any  kind  of  business,  and  that  Mrs.  Wallis'  care  has 
improved  him  somewhat.  "No  man,"  said  he,  "can 
sufficiently  vmderstand  the  agony  of  mind  I  experienced 
when,  after  removing  to  Tioga,  using  every  exertion, 
late  and  early,  and  at  last  gathering  sufficient  to  place 

'  This  commission,  amon^  the  Lewis  papers,^  bears  date  of  January  13,  1824, 
under  the  hand  of  Attorney-Cieneral   Frederick   Smith. 

*  Tunison  Coryell,  in  his  manuscript  autobiographical  notes,  in  possession 
of  his  son,  John  |5.  Coryell,  Esq.,  of  Williamsport,  says  that  as  Deputy 
Attorney-Cieneral  he  "won  the  respect  of  the  senior  bar,"  and  that  he  had  "a 
strong  legal  mind." 


6o  ELLIS  LEWIS 

mc  entirely  out  of  debt,  and  having  business  enough 
to  ensure  a  good  living — suddenly  every  hope — every 
cheerful  anticipation  was  blasted  by  the  dreadful  stroke 
under  which  I  am  now  suffering — my  business  neces- 
sarily neglected — my  little  stock  of  money  dwindling 
away — and  the  bark  which  I  had  rowed  up  stream  with 
so  much  toil  rapidly  descending  to  the  place  from  whence 
I  started."  He  was  still  hopeful,  however,  and  stated 
that  he  was  building  a  house  in  Wellsborough  and 
should  go  up  there  in  the  spring  again. 

The  hopefulness  of  the  ambitious  young  Deputy — 
or,  as  the  office  is  now  called.  District  Attorney — was 
well  founded,  and  in  due  time  he  was  in  his  Wells- 
borough  home,  a  two-story  log-house,  about  the  site  of 
the  Packer  residence.  Courts  had  been  held  in  Wells- 
borough — as  it  was  then  spelled — scarcely  more  than 
ten  years,  and  there  was  but  one  other  resident  attorney 
there — a  William  Patton,  and  he  died  in  i82'3,  so  that 
to  many  Ellis  Lewis  was  ever  after  known  as  the  first 
resident  lawyer,  and  therefore  "the  father  of  the  Wells- 
borough  bar."  This  log-house,  which  was  his  first  home 
there,  was  two  stories  high.  He  used  the  upper  floor  as 
an  office  and,  in  order  to  economize  space,  used  a  ladder 
to  reach  it,  drawing  it  up  after  him.  At  the  appearance 
of  a  visitor  who  wished  to  interview  the  Deputy  Attor- 
ney-General, Mrs.  Lewis  called  to  him,  the  ladder  was 
lowered  and  the  visitor  climbed  to  the  source  of  the 
law.^  Law  students  ascended  by  this  means  also,  for 
at  least  one  is  known  to  have  begun  in  April  of  this 
very  year,  1825,  namely,  Hon.  James  Lowrey,  1802- 
1875^.  ^^""^  i^  "^^y  ^^  noted  that  during  the  summer 
another  friend  called  more  than  once.  Dr.  William  Gar- 
retson,  a  cultivated  man  who  had  been  reading  medicine 
for  sometime  past  with  Attorney  Lewis'  brother,  Dr. 
Webster  Lewis,  of  Lewisberry,  and  now  made  Wells- 
borough  his  home,  and  by  September  13th  following 
was  so  well  advanced  in  the  law  also  as  to  be  admitted.^ 
What  is  more,  his  office  also  became,  late  in  the  year, 

^  A  History  of  Tioga  County,  1897,  pp.  153-4  and  317.  While  this  volume  is 
inaccurate  regarding  Lewis'  life  elsewhere,  it  seems  reliable  on  his  life  at  Wells- 
boro.  Mr.  Garretson  became  so  well-known  that  Buchanan,  when  Minister  to 
the  Court  of  St.  James,  offered  him  the  post  of  private  secretary,  which  he 
declined. 

2  Ibid. 

3  Ibid. 


Mrs.    Ellis    Lewis 

From  a  daguerreotype  in  possession  of  Miss  Josephine  Lewis, 

Philadelphia 


PENNSYLVANIA'S  POLITICAL  SITUATION  6i 

the  first  editorial  rooms  in  Wellsborough,  for  liis  nephew, 
Rankin  Lewis,  probably  a  graduate  of  Eli  Lewis'  print- 
ing office  in  York,  was  persuaded  to  start  The  Tioga 
Pioneer,  with  his  uncle  Ellis  as  editor,  and  launched  the 
first  number  on  December  3,  1825/  The  motto  was 
significantly  different  from  that  of  the  Gazette,  for  it 
held  that  "knowledge  is  power — is  wealth — ^is  happi- 
ness." It  is  possible  that  Garretson  often  contributed 
to  its  columns  and  gained  the  ideas  that  made  him  its 
editor  some  years  later.  The  printing  outfit  had  been 
secured  at  Sunbury  and  the  paper  put  on  a  basis  that 
carried  it  for  over  a  year.  His  condition  and  the  amount 
of  business  as  Deputy  Attorney-General  led  him  to 
conclude  to  devote  himself  only  to  Lycoming  County, 
and  on  January  27,  1827,  Attorney-General  Frederick 
Smith  commissioned  him  for  that  county  alone,  and  he 
gave  up  the  paper,  which  was  sold  to  interests  in  a  rival 
town.  It  should  be  stated  at  this  point  that  while  at  the 
bar  in  Williamsport  he  had  the  leading  influence  in 
securing  the  establishment  of  the  United  States  Court 
there  and  had  a  considerable  practice  in  that  tribunal. 
One  case  in  this  court  comes  down  to  us.  "A  number 
of  years  ago  a  fugitive  slave  was  rescued  from  the  pos- 
session of  his  owner,  in  the  town  of  Danville,  Pennsylva- 
nia," says  a  writer  in  the  Democratic  Rcviczv,^  "through 
the  instrumentality  of  a  writ  of  hmnim  replegiando.  The 
Hon.  David  Petriken  (who  subsequently  acquired  in 
Congress  the  cognomen  of  'previous  question' )  was  the 
prothonotary  who  issued  the  writ.  An  action  of  tres- 
pass, and  separate  actions  for  the  penalty  of  five  hundred 
dollars,  under  the  act  of  Congress  of  February  12,  1793, 
were  brought  against  him,  and  each  of  the  persons 
engaged  in  the  issuing  and  service  of  the  writ;  and  after 
the  collection  of  several  penalties,  with  costs,  from  some 
of  the  most  responsible  parties,  Mr.  George  Sweeney, 
an  editor  of  a  public  journal,  was  lodged  in  jail  for  the 
penalty  recovered  against  him  for  the  same  rescue.  So 
high  was  Ellis  Lewis'  reputation  for  abilities,  and  a 
knowledge  of  the  ])ractice  in   the   United   States  Court, 

'  Years  later,  March  g,  1833,  the  Towanda  Northern  Banner  stated  tliat  its 
own  name  was  originally  used  by  Ellis  Lewis  in  Tioga  County,  as  it  was 
informed. 

-The  Democratic  Review  of  New  York,  for  .April,  1847,  p.  359. 


62  ELLIS  LEWIS 

that  Mr.  Sweeney  supposed  he  could  extricate  him,  even 
after  his  other  counsel  had  failed,  and  after  judgment  had 
been  recovered  against  him ;  and  he  accordingly  sent  a 
distance  of  nearly  a  hundred  miles  to  engage  his  profes- 
sional services  in  his  behalf.  His  expectations  were  not 
disappointed." 

During  1827,  his  leg,  which  had  caused  him  more  or 
less  trouble  ever  since  his  first  attack,  grew  worse  as 
the  year  wore  on,  and  on  November  4th,  he  writes  Eli 
at  York :  "I  have  been  long  confined  unable  to  rise  from 
my  bed  and  a  great  part  of  the  time  unable  even  to  stir 
myself  without  assistance.  It  is  occassioned  by  the  sore 
leg  with  which  I  have  been  so  long  afflicted.  *  *  *  * 
I  am  now  just  able  to  sit  up.  I  wrote  for  Webster, 
*  *  '■'•'  I  think  it  probable  that  as  soon  as  I  can  be 
got  able  to  ride  I  will  have  to  go  to  Phila.  to  have  a 
consultation,  and  amputation  of  my  leg  if  necessary — 
I  begin  to  fear  that  nothing  else  will  save  my  life — and 
I  am  so  far  gone  that  I  am  not  certain  even  that  will. 
If  Webster  should  come  I  shall  do  as  he  advises  of 
course."  Dr.  Lewis  and  his  brothers,  Eli  and  James, 
at  once  urged  that  Ellis  be  brought  down  to  the  doctor's 
home  in  Fairview  Township,  and  on  December  8th  Ellis 
writes  from  there :  "I  have  arrived  at  Webster's  with 
Josephine  at  last.  Mr.  Wallis  brought  us  down  in  his 
carriage."^  He  was  detained  in  Williamsport  a  week 
and  improved  enough  so  he  could  stand  a  forty-mile 
ride  to  Northumberland.  A  stop  was  made  here,  and 
at  Halifax  and  Harrisburg  for  as  many  nights.  The 
next  day  Dr.  Lewis  and  Dr.  Roberts,  of  Harrisburg, 
performed  an  operation,  which  revealed  that  about  an 
inch  and  a  half  of  length  of  the  tibia,  or  large  bone  of 
the  lower  leg,  had  been  destroyed  by  necrosis,  and  that 
a  shell  of  new  bone  had  entirely  surrounded  the  dead 
bone,  except  two  apertures.  In  a  delicate  operation,  and 
most  successful  one  for  the  period  and  region,  the  dead 
matter  was  removed.  "Ellis  bore  this  tedious  and 
painful  operation  with  great  firmness — even  amounting 
to  heroism,"  said  Dr.  Lewis  in  a  letter  on  December  9th 
to  Eli — "never  once  flinching  in  the  slightest  degree — 
he  even  occasionally  interrupted  vis  with  a  joke.     He  is 

'  He  was  carried  down  on  a  stretcher  (see  C.  D.  E.  in  "Now  and  Then"). 


PENNSYLVANIA'S  POLITICAL  SITUATION  63 

now  in  high  spirits."  He  also  says  that  he  wishes  they 
could  persuade  Ellis  to  settle  near  tlicm,  as  a  rapid 
recovery  was  entirely  probable.* 

»  Dr.  Lewis'  letter  describing  the  disease  and  operation  ought  to  be  among 
the  records  of  Pennsylvania  surnery.  It  is  now  in  the  possession  of  the 
College  of  Physicians,   Philadelphia. 


CHAPTER  VI 

He  Settles  at  Towanda,  and  is  Sent  to  the  Legisla- 
ture AS  AN  Independent,  But  Supports 
Governor  Wolf 

1829 

Just  how  long  the  Deputy  Attorney-General  was 
convalescent  is  not  known,  but  there  is  reason  to  believe 
that  it  was  long  enough  to  last  well  into  the  year  1828, 
and  that  he  found  it  wise  to  remain  near  the  Wallis 
home  in  Williamsport,  where  he  could  receive  good  care 
and  at  the  same  time  be  near  enough  to  his  business  in 
the  various  counties  about  the  forks  of  the  Susquehanna. 
During  January,  however,  his  condition  was  such  that 
he  concluded  to  forward  his  resignation  to  Attorney- 
General  Smith.  The  latter  replied  on  the  9th  of  Feb- 
ruary, stating  that  he  had  received  his  letter  of  the  4th 
instant  containing  his  resignation  on  account  of  ill- 
health.  "I  most  freely  declare,"  he  added,  "that  you 
conducted  the  prosecutions  of  the  Commonwealth,  con- 
stantly, to  my  entire  satisfaction ;  no  indictment  of  yours 
having  been  quashed  to  my  knowledge."^  His  fears 
were  not  realized,  however,  for  he  steadily  improved 
and  soon  began  to  look  after  his  business  there  and  in 
the  surrounding  counties.  Bradford,  immediately  east 
of  Tioga  and  northward  of  Lycoming,  was  growing  in 
a  most  vigorous  way  at  this  period,  so  that  it  was 
passing  old  Lycoming  County  itself,  in  the  matter  of 
population.-  He  had  some  business  in  the  courts  at 
Towanda,  its  capital,  and  he  was  admitted  there  early 
the   following  year.^     Indeed,   he   seems   to   have   been 

'  Letter  among  the   Lewis  papers. 

*  The  Settler  was  quoted  in  the  Democratic  Press  of  May  19,  1829,  as  saying 
that  from  the  6th  to  the  19th  of  the  preceding  month — April  of  this  year  1829, 
"1,099  rafts  and  236  arks,  navigated  by  3,083  men,  and  laden  with  produce 
■vahied   at   $400,000   passed   the   town    of   Towanda." 

*  History  of  Bradford  County,  1878,  p.  182,  based  upon  a  prepared  list 
in  the  Prothonotary's  office,  says  he  was  admitted  in  1828,  but  the  Quarter 
Sessions  Docket,  No.  2,  p.  193,  states  that  he  was  admitted  and  sworn  in  as 
attorney  and  counsellor  in  the  several  courts  on  May  11,  1829.     David  VVilmot, 

64 


A  MEMBER  OF  THE  LEGISLATURE  65 

uncertain  about  not  only  his  health,  but  uncertain  where 
to  settle  during  the  whole  year  of  1828,  when  the  Jackson 
campaign  was  at  its  high  tide  of  enthusiasm.  Dr. 
Webster  Lewis  tried  hard  to  persuade  him  to  settle  in 
York  County,  but  his  brother,  Eli,  had  gone  to  Balti- 
more and- he  felt  drawn  to  the  region  where  he  won  his 
first  place  in  the  world.  While  on  his  various  visits  to 
Wellsborough  and  Towanda  he  became  much  interested 
in  the  latter's  growth,  and  especially  in  the  newspaper 
plant,  as  he  was  also  in  one  at  Sunbury.  The  fact,  how- 
ever, that  his  wife  and  her  sister,  who  was  the  wife  of 
the  editor  at  Towanda,  were  especially  devoted  to  each 
other  and  that  Ellis  Lewis  himself  was  greatly  impressed 
with  her  husband,  James  P.  Bull,  led  him  to  consider 
the  situation  in  that  place  with  special  favor.  Lewis' 
old  antagonist,  Simpson,  had  tried  to  start  a  paper  in 
Towanda  years  before  in  vain,  and  about  the  close  of 
the  war  of  i'8i2.  Generals  Samuel  McKean  and  Henry 
Willis  and  others  of  similar  JefTersonian  interests 
founded  the  Gazette.  This  in  1818  was  changed  to  the 
Bradford  Settler,  and  was  published  with  eminent  success 
by  Mr.  Bull,  who  was  an  editor  of  considerable  talent. 
He  was  a  partner  in  other  business,  however,  and 
tried  to  persuade  his  brother-in-law,  Lewis,  to  join  him. 
and  the  latter  was  inclined  to  consider  it  favorably  and 
persuade  Eli  to  come  up  from  Baltimore  and  join  them. 

"This  is,  perhaps,  the  last  letter  you  will  receive  from 
me.  written  at  this  place,"  he  writes  to  the  latter  from 
Williamsport  on  March  14,  1829.  "I  believe  I  informed 
you  in  the  last  letter  I  wrote  you  of  our  intended 
removal  to  the  Borough  of  Towanda,  Bradford  county," 
and  after  referring  to  Dr.  Lewis'  plans  to  keep  him  in 
York  County,  he  explains  that  he  removes  "to  Towanda 
to  practice  law.  and,  in  order  that  Josephine  may  be 
near  her  sister,  Mrs.  Bull,  who  has  also  been  a  sister 
to  me.  I  have  also  a  great  regard  for  Mr.  Bull."  He 
then  presents  his  plan  for  Eli  to  buy  out  the  Settler. 
Towanda  was  a  strategic  place  to  settle  at  this  time  for 
several  reasons,  for  the  General  McKean  interests  con- 
stituted   one    of   the    wedges   which    "The    Family"    or 

of  Wilmot  Proviso  fame,  was  admitted  about  five  years  later.  September 
8,  1834,  and  in  a  sense  became  Lewis'  successor  at  the  Towanda  bar.  if  not  in 
politics. 


66  ELLIS  LEWIS 

administration  element  had  used  to  break  up  the  old 
Bryanite  wing  of  the  Jeffersonian,  now  Jacksonian, 
party.  For  Jackson  had  swept  Pennsylvania  as  well  as 
the  rest  of  the  country^  and  "The  Family,"  as  the  Demo- 
cratic Press  persisted  in  dubbing  the  administration  ele- 
ment in  the  State,  was  stronger  than  ever ;  for  Mr.  Binns 
had  made  the  mistake  of  his  life  in  opposing  the  doughty 
victor  of  New  Orleans,  and  thereafter  lost  his  great 
influence  in  the  party  to  which  he  had  contributed  so 
much  to  give  a  permanent  name — the  Democracy. 

On  the  very  day,  March  4,  1829,  when,  after  having 
been  sworn  in  at  the  capitol,  General,  now  President 
Jackson,  mounted  his  white  horse  and  was  riding  in 
democratic  or  western  simplicity,  or  both,  back  to  the 
White  House,  the  gubernatorial  convention  of  Jackson 
Democrats  was  at  Harrisburg  casting  its  first  ballots 
for  the  next  candidate.  And  the  candidate  that  led  all 
the  rest,  with  twenty-five  votes,  was  that  of  the  Brad- 
ford Settler,  General  Samuel  McKean,  of  Towanda,  with 
Bernard,  of  Chester,  a  close  second  in  a  list  numbering 
fifteen  in  all,  and  George  Wolf,  of  Northampton,  stand- 
ing about  midway  with  an  even  dozen  followers.  There 
was  balloting  all  the  next  day  without  result,  except  to 
show  that  the  Chester  man  had  the  most  votes,  but  that 
there  was  an  opposition  which  was  destined  to  succeed 
on  any  one  of  three  names.  Mr.  Binns'  paper  had  some 
very  shrewd  comments  on  the  situation,  showing  that 
"The  Eleven,"  as  he  called  "The  Family"  combination 
who  had  recommended  Ingham  for  President  Jackson's 
Secretary  of  the  Treasury,  were  determined  that  Mc- 
Kean, Stevenson  or  Wolf  should  be  the  nominee.-  On 
the  morning  of  the  6th,  the  McKean  supporters  all 
went  over  to  Wolf  and  the  Stevenson  men  followed, 
giving  seventy  to  the  Northampton  man  and  sixty-two 
for  the  candidate  from  Chester.^     On  the   loth,   Binns 


'  For  an  idea  of  how  Jackson  captured  the  State  see  map  illustrating  it 
in  Vol.  I,  of  "The  Life  and  Speeches  of  Thomas  Williams,  1806-1871,"  by 
Burton  Alva  Konkle,   1905. 

-  Binns'  Democratic  Press  of  March  7,  1829. 

^  The  MacKian,  or  McKean  family — as  it  was  spelled  when  it  became 
Americanized — came  from  Scotland  to  Cecil  County,  Maryland,  about  1740. 
Here  General  McKean's  father  was  born  and  in  1791  settled  in  what  is  now 
Bradford  County,  Pa.  The  General's  birth  had  occurred  on  April  7,  1787,  ,in 
Huntingdon  County,  and  at  sixteen  years  of  age  he  had  been  sent  to  live  with 
his  maternal  uncle  in  Maryland— a  Quaker  of  some  learning,  who  took  his 
education  in  hand.  In  due  time  he  returned  to  what  is  now  Bradford  County 
and   became   successful   in  trade   and   in   politics   by  opposing   the   Federalists. 


George   Wolf, 
From   an   engraving-  ir. 


CiOVERNoR    Of    Pennsylvania 
l,.inir.i(-ri"-    National    I'ortrait   Gallery 


A  MEMBER  OF  THE  LEGISLATURE  67 

g-ently  poked  fun  at  the  P^radford  Settler  and  expressed 
mock  anxiety  as  to  whether  the  northern  counties  would 
do  themselves  violence  in  their  cha<?rin.  "We  were 
somewhat  disappointed  in  the  Governor  makinc:  busi- 
ness," wrote  Ellis  Lewis  in  his  last  letter  from  Williams- 
port  on  the  14th  instant.  "But  not  so  much  as  the  friends 
of  Shulze  and  Pjernard.  It  was  gratifying  that  McK 
was  the  highest  in  vote  on  the  first  balloting  &  that  his 
friends  made  the  governor,  by  casting  their  weight  in 
favor  of  Wolf,  who  is  an  intimate  friend  of  McKean,  an 
intelligent  German  lawyer  of  Northampton — for  several 
years  a  member  of  the  legislature  of  the  State  &  Union, 
and  a  strong  friend  to  the  policy  of  Pennsylvania  in 
relation  to  internal  improvement." 

Within  ten  days  Lewis  was  in  Towanda  permanently 
and  very  busy  with  his  practice  and  with  an  eye  on  the 
Settler.  On  the  24th,  he  writes  Eli  again,  saying  that 
Mr.  Bull  had  oflfered  him  the  paper  plant  for  $2,000; 
that  it  had,  "in  addition  to  a  very  good  iron  press,"  "the 
old  Press  which  made  such  a  noise  in  Baltimore  when  it 
belonged  to  Hanson — many  years  ago.  Whichever  side 
it  has  taken  it  appears  to  have  been  always  warm- 
hearted in  its  politics.  Mr.  Bull  has  about  5,000  outstand- 
ing accounts — about  500  subscribers — with  a  plentiful 
assortment  of  materials."  Neither  he  nor  his  brother 
bought  the  paper,  however,  for  his  practice  increased  so 
rapidly  that  two  months  later,  on  March  29th,  he  writes: 
"My  business  has  kept  me  from  home  nearly  constantly 
for  the  last  six  weeks.  Am  busily  engaged  preparing 
for  the  Supreme  Court,  to  which  place  I  start  in  about 
a  week." 

Just  what  period  or  what  place  the  Towanda  attorney 
was  admitted  to  the  Supreme  Court  is  not  known.  It 
will  be  recalled  that  the  old  act  of  1806,  creating  two 
districts  with  courts  to  be  held  at  Philadelphia  and 
Pittsburgh,  had  been  modified  more  than  once.  Indeed, 
the  very  next  year,  1807,  the  Susquehanna  region  had 
demanded  a  "middle  district"  with  Sunbury,  at  the  forks 

From  the  organization  of  the  county  in  1812  for  twenty-five  years  he  maintained 
his  leadership  there.  He  began  service  in  the  Legislature  in  1815;  then  went 
to  Congress  in  1822;  and  in  1829  to  the  State  Senate,  a  place  he  resigned  in 
December  following  to  become  Governor  Wolf's  Secretary  of  the  Commonwealth 
— the  position  in  which  these  events  find  him.  He  was  prominent  in  the  militia, 
and  in   1828  became  Major-General.     From  a  sketch   by  C.    V.   Hcverly,   Esq. 


68  ELLIS  LEWIS 

of  that  river,  as  the  meeting  place  for  fifteen  of  the 
central  counties,  and  two  years  later,  1809,  the  Lancaster 
region  demanded  and  secured  a  "Lancaster  District" 
and  the  Chambersburg  region  the  "Southern  District," 
making  five  in  all.^  Naturally,  he  should  have  been  going 
to  the  Sunbury  session,  so  far  as  territory  was  con- 
cerned, but  the  session  he  refers  to  was  that  at  Phila- 
delphia, though  the  dockets  of  that  time  do  not  indicate 
that  he  had  a  case  in  his  own  name.  The  court  was  at 
this  time  composed  of  Chief  Justice  Gibson,  a  man  of 
about  forty-nine  years,  who  had  served  on  this  bench 
already  for  more  than  a  dozen  years  and  had  been 
president  judge  of  the  Towanda  district  during  Lewis' 
days  at  the  Harrisburg  printing  office ;  Justices  Molton 
C.  Rogers  and  Charles  Huston,  who  had  been  appointed 
by  Governor  Shulze  as  the  two  new  judges  added  to 
the  court  by  the  act  of  April  8,  1S26,  the  one  being  a 
Princeton  and  Litchfield  law-school  man  of  forty-three 
years,  son  of  a  Delaware  Governor  and  promoted  to  this 
post  from  the  office  of  Secretary  of  the  Commonwealth, 
while  the  other,  Huston,  nearly  sixty,  promoted  from 
the  bench  of  the  Bellefonte  district,  was  an  old  Williams- 
port  land-lawyer,  and  once  a  student  and  instructor  at 
Dickinson  College ;  Justice  John  Tod,  who  had  suc- 
ceeded to  Gibson's  place  after  it  was  declined  by  Binney, 
a  Connecticut  Yankee  of  about  fifty  years,  who  had  made 
a  brilliant  record  as  presiding  officer  of  both  houses  of 
the  Legislatvire  and  in  two  terms  in  Congress,  and  who 
had  come  from  the  same  bench  which  gave  Huston  to 
the  court ;  and  finally  the  late  Attorney-General,  Fred- 
erick Smith,  a  friend  of  Governor  Shulze,  who  had 
scarcely  a  year  before  appointed  him  to  succeed  the  late 
Thomas  Duncan.  Thus  it  will  be  seen  to  have  been 
practically  a  new  court,  with  the  towering  figure  of  the 
even  then  distinguished  Chief  Justice  as  the  only  link 
with  the  past.  Furthermore,  it  was  practically  from  end 
to  end  a  Shulze  court,  appointed  for  life — a  fact  which, 
in  the  political  conditions  of  the  time,  no  doubt  had  not 
a  little  to  do  with  a  dissatisfaction  with  the  life-tenure 
of  this  court  which  had  been  growing  ever  since  the 
revolution,  and  was  destined  to  continue  to  grow  in  the 

'  Purdon's  Digest  of  the  Laws  of  Pennsylvania,   1824,  p.  414,  et  al. 


A  MEMBER  OF  THE  LEGISLATURE  69 

future  at  an  even  more  rapid  rate.  Whether  Lewis 
personally  appeared  at  this  bar  at  this  term  or  not,  he 
was  fre(|uently  before  this  bench  thereafter,  or  at  least 
all  of  them  except  Justices  Tod  and  Smith,  who  both  died 
the  following  year. 

Whatever  practice  he  may  have  had  in  the  Supreme 
Court,  however,  he  was  having  excellent  success  in  his 
three  home  counties,  Bradford,  Tioga  and  Lycoming, 
during  1829.  In  the  first,  he  made  headway  where 
Overton  and  Patton  had  the  leading  practices,  and  many 
important  visiting  attorneys,  like  Mallory  and  others,  had 
a  fair  share.  On  October  15th,  he  writes  his  brother: 
"We  are  comfortably  situated  here — more  so  than  I  have 
ever  been  before.  1  have  got  into  the  first — I  was  going 
to  say  the  best  business,  but  that  would  be  invidious — I 
am  satisfied  with  the  business  I  do  here  &  besides  have 
a  good  practice  in  Tioga.  My  old  complaint  in  the  ankle 
sometimes  troubles  me  slightly,  when  excessively 
fatigued  by  professional  exertion.  But  I  have  but  little 
to  complain  [of].  *  *  *  *  *  Wolf  has  upwards  of 
800  majority  in  this  county.  Laporte  &  Parkhurst  our 
old  members  are  elected  again  &  Gen.  S.  McKean  has 
been  elected  to  the  Senate  without  opposition."  This 
letter  unconsciously  expresses  in  very  accurate  propor- 
tions his  two  active  interests,  law  and  politics,  and  fore- 
shadows  a  line  into  which,  in  all  probability,  even  at  this 
time  he  proposed  to  enter.  And  events  and  his  own 
political  sagacity  conspired  to  make  it  possible.  Mr. 
Wolf  was  elected  Governor  by  a  majority  that  was  a 
foregone  conclusion — the  Federalists  were  too  old  and  the 
Anti-Masons  too  young  to  have  much  of  an  influence 
against  him.  He  stood  for  aggressive  continuance  of 
internal  improvements  and  public  education,  and  support 
of  the  public  debt. 

The  year  1830  was  full  of  the  aggressive  Jackson 
measures  that  had  most  important  bearings  on  Pennsyl- 
vania. The  President  and  his  New  York  Secretary  of 
State.  Van  Buren,  were  favorable  to  the  Quaker  State's 
idol,  the  tariff,  and  it  was  plain  that  he  could  have  his 
support,  when  the  time  came  for  the  brewing  trouble  in 
South  Carolina  to  be  met.  There  was  another  subject, 
however,    far    more    complicated    in    some    respects    and 


70  ELLIS  LEWIS 

fraught  with  more  immediate  disaster,  as  many  m  Penn- 
sylvania beHeved,  which  placed  the  President  in  opposi- 
tion to  the  vested  interests  of  the  State.  It  would  be 
interesting  to  know  just  when  Philadelphia  ceased  to 
be  the  financial  capital  and  metropolis  of  the  United 
States,  as  she  was  during  the  period  of  the  United  States 
Banks,  and  just  what  part  the  rivalry  of  New  York's 
commercial  purposes,  aided  by  Van  Buren,  had  in  bring- 
ing about  Jackson's  virulent  attack  on  the  Pennsylvania 
institutions ;  or  whether  the  course  of  these  institutions 
in  supporting  Governor  Wolf's  aggressive  measures  to 
carry  to  completion  the  great  water-way  transportation 
system  of  the  State  aided  Van  Buren  and  New  York  in 
strengthening  the  hands  of  Jackson,  which  were  about 
to  be  upraised  against  them — and  indeed  were  already 
preparing  for  it.  It  is  certain,  however,  that  whatever 
the  ultimate  causes  were  in  this  matter,  the  followers 
of  Jackson  in  Pennsylvania  were  placed  in  a  most  per- 
plexing situation,  at  least  those  were  who  were  in 
sympathy  with  the  vested  interests  of  the  State  and 
knew  how  the  welfare  of  the  transportation  system  was 
bound  up  with  them,  for  not  all  did  know  or  believe  it. 
It  was  plain,  therefore,  that  if  Van  Buren  was  in  line 
for  the  Vice-Presidency,  as  it  became  increasingly  evident 
that  Jackson  was  for  a  second  term,  Pennsylvania  would 
have  a  difficult  time  steering  between  the  Scylla  of 
antagonising  Jackson  and  the  Charybdis  of  favoring 
Van  Buren,  and  it  will  be  interesting  to  see  how  she 
attempted  to  avoid  both. 

Meanwhile  some  of  the  changes  that  bore  upon  Ellis 
Lewis'  relation  to  it  may  be  noted.  General  McKean 
was  at  once  appointed  Secretary  of  the  Commonwealth 
by  Governor  Wolf,  and  resigned  from  the  Senate.  Imme- 
diately Col.  Bull,  of  the  Settler,  became  a  candidate 
for  his  place,  but  was  defeated  on  a  small  margin  by  a 
fellow-follower  of  McKean,  Wolf  and  Jackson.^  It  may 
be  well  to  note  also  that  the  following  month  George 
M.  Dallas  was  appointed  United  States  Attorney  for  the 
Eastern  District  of  Pennsylvania,  in  place  of  Charles 
J.  Ingersoll,  removed.  It  may  also  be  well  to  note  that 
on  the  24th  of  May  the  editor  of  the  American  Sentinel 

•  The  American   Sentinel,    Philadelphia,    for  23d  January,    1830. 


A  MEMBER  OF  THE  LEGISLATURE  71 

asserted,  after  six  months  of  Wolf's  administration: 
"Never  since  the  days  of  McKean  have  the  appointments 
of  a  Governor  of  Pennsylvania  been  so  well  received." 
He  explains  that  this  was  remarkable,  as,  for  about 
twenty  offices  in  Philadelphia,  city  and  county,  there 
were  more  than  one  hundred  and  fifty  applicants — so 
that  a  very  small  proportion  entered  "State  House  Row." 
And  the  Democrats  of  Bradford  County,  at  a  meeting 
on  the  nth  of  May,  "Resolved,  that  the  wisdom,  firm- 
ness and  energy  which  have  been  displayed  in  the  present 
administration  of  this  State,  have  restored  the  financial 
credit  of  the  Commonwealth,  and  is  entitled  to  and 
receives  our  warmest  support."'  In  December  a  new 
United  States  Senator  to  take  the  place  of  General  Marks, 
of  Pittsburgh,  was  in  order,  and  for  some  days  General 
McKean,of  Bradford, and  the  Anti-Masonic  Pittsburgher, 
Denny,  led  in  a  list  which  included  such  names  as  Dallas, 
Ingersoll.  Stevenson,  Buchanan,  Wilkins,  Coulter,  An- 
thony and  others,  but  it  is  probable  that  the  strength  of 
Anti-Masonry  in  the  West  and  her  sympathizer,  Harmar 
Denny,  led  the  Democrats  to  persuade  General  McKean 
to  withdraw  and  unite  on  United  States  District  Judge, 
William  Wilkins,  of  Pittsburgh,  as  they  did  on  December 
16th  (1830)  on  the  twenty-first  ballot. 

Within  a  few  months  the  United  States  Bank  ques- 
tion, which  had  been  kept  under,  began  to  come  to  the 
surface  in  Pennsylvania  politics.  On  March  4,  183 1, 
the  Sentinel  had  a  powerful  defense  of  it :  "The  old  bank 
of  the  United  States  was  demolished  by  the  casting  vote 
of  Vice  President  Clinton,"  the  writer  exclaims,  and 
shows  how  it  was  so  needed  later  that  the  father  of 
George  M.  Dallas  was  called  in  and  demanded  its  re- 
establishment.  "Its  location,"  he  continues,  "was  secured 
to  this  State  by  the  influence  of  our  fellow  citizen,  ]\Ir. 
Dallas,  overcoming  great  efforts  to  fix  it  at  Washington 
or  New  York."  He  warns  against  being  "the  dupes  of 
the  intrigues  of  an  Albany  cabal  to  cry  down  a  bank 
fixed  in  Philadelphia,  under  a  pretext  of  its  dangers  to 
public  liberty,  in  order  to  set  it  up  with  ten-fold  capacity 
for  mischief  at  New  York."  How  to  be  a  friend  of 
Jackson  and  a  friend  of  the  Bank  and  the  vested  interests 

•  Ibid.,  June  4,  1830. 


72  ELLIS  LEWIS 

of  the  State  was  evidently  the  problem,  but  the  writer 
advocated  standing  for  the  latter  in  some  way.  While 
this  was  going  on — for  it  went  on  for  months — the 
Bradford  County  Democrats  met  at  Towanda  court 
house  on  May  loth,  with  Representative  Laporte  in  the 
chair,  Eliphalet  Mason  as  one  of  the  two  vice-presidents, 
and  Ellis  Lewis  as  one  of  the  two  secretaries.  They 
praised  President  Jackson,  Governor  Wolf,  Samuel  D. 
Ingham,  then  Jackson's  Secretary  of  the  Treasury,  who 
was  soon  to  show  whether  he  would  stand  for  the  great 
Bank  in  Chestnut  Street  or  not,  and  also  General  Mc- 
Kean.  Their  resolutions  were  an  epitome  of  the  attitude 
of  the  Pennsylvania  Democracy. 

Ingham  was  soon  displaced  because  of  his  devotion 
to  the  financial  interests  of  his  State  in  defiance  of 
Jackson.  Forthwith,  with  the  beginning  of  the  summer 
of  1831,  the  contest  against  Van  Buren  for  the  Vice- 
Presidency  opened  with  certain  elements  of  New  England 
siding  with  the  movement  in  Pennsylvania ;  but  certain 
elements  in  the  latter  State  were  doubtful  about  trusting 
it.  "We  object  to  the  New  England  scheme  of  getting 
up  a  convention  to  meet  at  Baltimore  to  nominate  a  Vice- 
President,"  said  the  American  Sentinel  at  Philadelphia  on 
July  23d.  "If  these  gentlemen  are  serious  in  the  declara- 
tion, that  they  wish  Pennsylvania  to  have  the  candidate, 
let  Pennsylvania  name  her  candidate  herself.  When  the 
Pennsylvania  Convention  shall  meet  next  winter  to 
nominate  electors  to  vote  for  Gen.  Jackson,  let  that 
convention  fix  upon  the  Vice-President  that  Pennsylva- 
nia will  be  willing  to  support  in  conjunction  with 
Andrew  Jackson.  *  *  *  We  think  with  all  due 
deference  to  New  England  democracy,  that  Pennsylvania 
can  do  that  for  herself."  From  various  quarters  the  new 
Senator,  Judge  Wilkins,  was  mentioned  as  the  probable 
candidate,  and  in  the  autumn  and  winter,  so  also  was 
George  M.  .Dallas  put  forward.  How  Mr.  Binns  must 
have  more  than  once  exclaimed :  "The  Family !"  But, 
late  in  November,  it  was  plain  that  the  friends  of  General 
McKean  did  not  intend  that  he  should  be  lost  sight  of, 
for  on  November  4th,  Ellis  Lewis  and  a  score  of  other 
locally  prominent  Democrats  asked  the  General  to  be 
their  guest  at  a  dinner,  an  invitation  which  public  duties 


A  MEMBER  OF  TIIF.  LEGISLATURE  73 

compelled  him  to  decline,  Init  the  publication  of  both 
letters  in  the  Philadelphia  papers  from  the  columns  of 
the  Settler  answered  the  same  purpose.  On  Tuesday, 
the  6th  of  December  (1831),  the  Mouse  of  Representa- 
tives elected  Laportc,  the  Bradford  County  member,  as 
Speaker  also,  and  on  the  13th  the  Bradford  County 
Democracy  met  and  elected  Ellis  Lewis  a  delegate  to 
the  Harrisburg  convention  of  March  5,  1832,  to  nominate 
electors  in  favor  of  Jackson,  a  Vice-Presidential  can- 
didate favorable  to  Jackson,  who  should  be  a  Pennsyl- 
vanian,  and,  as  Jackson's  and  Wolf's  administrations 
were  endorsed,  to  nominate  a  candidate  for  Governor, 
who,  while  not  mentioned,  was  likely  to  be  Wolf  himself.^ 
As  March  4th  fell  on  Sunday  in  1832,  this  convention 
met  on  the  following  day  at  the  court  house  in  Harris- 
burg. On  the  first  day  Jackson  was  unanimously  agreed 
upon  after  the  ])resentation  of  his  name  by  Ross  Wilkins, 
but,  although  the  names  of  William  Wilkins,  George  M. 
Dallas,  Martin  Van  Buren  and  James  Buchanan  were 
presented  no  decision  was  reached  that  day.  The  first 
occurrence  on  Tuesday  morning  was  the  presentation  of 
resolutions  by  Ellis  Lewis,  who  tried  to  bind  the  con- 
vention members  to  vote  for  and  work  for  the  nominee. 
An  attempt  was  made  by  amendment  to  send  delegates 
to  the  Baltimore  convention,  and  in  the  discussion  Mr. 
Lewis  voiced  the  spirit  of  the  convention  when  he 
expressed  the  following:     "One  argument  advanced  by 

the  gentleman  from  is  that  we  should  adopt  the 

plan  proposed,  because  our  political  enemies  made  their 
nominations  by  means  of  National  conventions.  He  was 
opposed,"  continues  the  report  of  it  in  the  Towanda 
Banner  soon  after,  "to  taking  examples  from  such  a 
quarter.  It  has  not  been  usual  with  the  democracy  of 
Pennsylvania    to    follow    the    example    of    our    political 

'  An  interestinf!:  statement  on  this  period  appears  in  the  Democratic  Review 
of  New  York,  April,  1847:  "When,  in  1832,  an  attempt  was  made  to  deprive 
General  Jackson  of  the  support  of  the  Democratic  I'arty  in  I'ennsylvania  for 
re-nomination,  in  pursuance  of  an  extensive  and  selfish  combination,  extending 
over  tiie  State,  to  get  anti-Jackson  delegates  elected,  without  instruction,  to  the 
State  convention,  to  which  the  matter  was  committed,  l^llis  Lewis  boldly, 
zealously  and  ably  exposed  the  scheme  at  the  primary  meetings  of  the  party 
in  the  northern  counties,  particularly  in  Bradford  County,  where  he  resided, 
and  where  the  prime  movement  was  made  by  its  chief  instigators;  and  its 
authors  and  abettors  were  completely  prostrated  before  the  might  of  public 
sentiment  roused  against  them  in  the  breasts  of  the  democratic  masses.  Mis 
services,  at  this  juncture  of  affairs,  were  too  marked  to  escape  general  atten- 
tion; and  against  his  individual  preferences  and  wishes,  he  was  taken  from  his 
favorite  pursuits  and  sent  as  a  delegate  to  the  State  convention,  which,  it 
will   be  remembered,   was   thoroughly  Jacksonian;     "    *     *." 


74  ELLIS  LEWIS 

enemies.  An  argument  is  attempted  from  our  manner 
of  nominating-  state  officers  by  delegates  from  the  several 
counties.  A  state  does  not  stand  upon  the  footing  of  a 
county  or  township.  The  votes  of  the  minority  in  a 
county  or  township  count  for  their  full  value,  because 
they  are  parts  of  one  consolidated  whole.  Not  so  with 
the  minority  of  the  state  [ — ]  their  votes  count  for  nothing 
because  each  state  possesses  the  power  of  Government 
within  itself.  He  was  opposed  to  losing  ourselves  in 
a  vortex  of  nationalism.  The  tendency  to  consolidation 
is  already  sufficiently  great.  If  we  lose  our  influence 
and  distinctiveness  as  a  Sovereign  State  we  may  per- 
haps never  get  upon  our  legs  again.  We  are  told  that 
the  gentleman's  favorite  (Mr.  Van  Buren),  if  not  nomi- 
nated would  divide  and  distract  the  party.  \Y\\\  it  be 
said  that  Martin  Van  Buren,  so  ardently  attached  to, 
and  so  much  distinguished  by  the  present  administration, 
has  become  lost  to  all  sense  of  patriotism?  New  York 
has  had  three  Vice  -  Presidents,  and  Pennsylvania 
none.  Will  then  the  patriotic  state  of  New  York  refuse 
to  cooperate  with  us? — Let  us  preserve  the  democratic 
party  of  Pennsylvania  from  the  distractions  which  are 
now  agitating  other  sections  of  the  Union.  If  we  go 
to  the  Baltimore  Convention  we  may  find  nullifiers,  anti- 
tariff  men,  opposers  to  the  United  States  Bank,  and 
everything  else  there.  We  may  lose  our  candidate,  and 
if  we  should,  with  the  present  excitement  in  favor  of  a 
Pennsylvania  candidate,  we  know  not  how  much  w^e 
might  endanger  the  success  of  the  President.  The  pro- 
priety of  our  proceedings,  our  assumption  of  the  power 
of  sending  delegates  to  Baltimore,  contrary  to  established 
usages,  will  be  enquired  into  by  the  people.  Many  of 
the  party  may  not  feel  bound  by  the  nominations  so 
made.  Division  and  defeat  may  ensue.  Let  us  adhere 
to  our  nomination.  It  was  the  nomination  of  Pennsyl- 
vania which  brought  Andrew  Jackson  to  the  head  of  the 
Government.  Let  us  then  nail  the  good  old  flag  of 
Pennsylvania  to  the  mast.  If  the  ship  sinks,  he  for 
one,"  says  the  report  of  it,  '"was  prepared  to  go  down 
with  her."^ 

'  This  is  in  the  Towanda  Banner  of  January  4,  1834,  and  no  doubt  revived 
for  current  political  purposes.  It  is  plainly  stated,  however,  that  it  was  de- 
livered at  this  convention,  and  an  abstract  of  it  appeared  currently  in  other- 
papers,  notably  the  Harrisburg  Chronicle  of  March  8,  1832. 


A  MEMBER  OF  THE  LEGISLATURE  75 

The  Baltimore  project  was  lost  by  a  vote  of  84  to  48, 
but  in  the  struggle  it  was  assumed  that  the  resolutions 
won,  although  they  were  not  voted  upon,  as  the  next 
motion  was  a  resumption  of  balloting,  which  stood  63 
to  63  (with  4  for  Buchanan  and  2  for  Van  Burenj  on 
the  sixth  ballot  for  Wilkins  and  Dallas.  One  Dallas 
man  went  for  Wilkins  on  the  next  ballot,  and  so  on 
until  the  tenth,  when  the  Buchanan  votes  also  went  to 
Wilkins  and  he  was  declared  the  nominee  for  Vice- 
President,  after  which  Wolf  was  unanimously  re-nomi- 
nated, as  "it  appeared."  General  McKean  was  made 
one  of  the  Senatorial  electors,  and  in  the  public  address 
of  the  convention  attention  was  drawn  to  the  fact  that 
New  York  had  had  three  Vice-Presidents  and  Pennsylva- 
nia now  rightfully  demanded  the  courtesy  of  her  sister 
Commonwealths.  The  choice  of  Wilkins  rather  than 
Dallas  was  a  dramatic  presentation  of  the  internal 
perplexity  of  the  Jackson  Democrats  at  this  time.  To 
have  chosen  the  son  of  the  maker  of  the  United  States 
Bank  would  have  suggested  to  the  rank  and  file  insin- 
cerity ;  to  choose  a  favorite  in  the  territory  of  Guberna- 
torial Candidate  Ritner,  who  was  now  an  avowed 
opponent  of  the  Bank  and  a  representative  of  Anti- 
Masonry,  was  shrewd  politics,  for  apparently  no  appre- 
hensions w^ere  felt  on  the  score  of  the  Clay  and  Sergeant 
ticket. 

The  campaign  was  fought  with  great  vigor  in 
so  far  as  the  election  in  October  for  Governor  was 
concerned,  and  shrewd  politics  stayed  the  tide,  as 
it  was  believed  it  would,  for  while  Wolf  had  over 
26,000  majority  over  Ritner  in  1829,  he  was  elected  but 
with  only  about  3,000  majority.  Meanwhile  the  cam- 
paign in  the  legislative  district  of  Bradford  and  Tioga 
— a  curious  district  arrangement  by  which  the  two 
counties  sent  two  members — a  phenomenon  similar  to 
the  one  before  occurred,  namely,  that  the  two  elements 
of  the  Democracy  in  Bradford  County  could  not  get 
together  because  of  the  vested  interests'  efforts  to  plot 
against  Jackson,  and  the  regular  Democratic  nomination 
was  given  to  Eliphalet  Mason,  when  Ellis  Lewis  was 
the  logical  candidate.  Whether  this  was  because  Mc- 
Kean  was   not   able   to   control    or   that   he   refused   to 


76  ELLIS  LEWIS 

interfere  is  not  now  known.  At  any  rate,  Mr.  Lewis 
and  his  friends  proposed  that  he  should  stand  as  an 
Independent  Democratic  candidate  for  Representative. 
It  was  certain  that  the  Tioga  half  of  the  ticket  would 
be  elected,  even  if  it  lost  a  large  number  of  votes.  The 
Bradford  regulars  seemed  not  to  take  into  consideration 
that  Lewis  had  a  constituency  in  Tioga  as  well  as  Brad- 
ford County,  and  when  the  votes  came  to  be  counted 
the  candidate  of  the  Bradford  regulars  had  but  i,oo6 
votes  to  2,077  for  Mr.  Lewis.  In  consecjuence  when  the 
Legislature  should  convene,  the  Bradford  member  would 
be  one  without  the  official  stamp  of  either  Governor  Wolf 
or  Secretary  of  the  Commonwealth  Samuel  McKean, 
although  there  was  no  reason  in  the  mind  of  Ellis  Lewis 
why  he  should  not  support  Jackson  and  Wolf  with  all 
his  powers.^ 

As  the  Presidential  election  approached  it  became 
evident  that  as  the  country  at  large  came  to  give  increas- 
ing favor  to  the  Jackson-Van  Buren  ticket  rather  than 
Jackson  and  Wilkins,  the  division  in  Pennsylvania 
became  more  and  more  bitter,  until  on  September  15th, 
General  McKean  came  out  in  a  long  letter  stating  that 
he  and  he  believed  all  the  electors  would  remain  firm 
for  Wilkins  against  Van  Buren.  "Pennsylvania,"  said 
he,  "is  fast  losing  her  weight  and  influence  in  the 
Union,  by  substituting  erroneously  as  I  conceive — an 
implicit  devotion  to  men,  for  patriotism.  And  what 
increases  the  humiliation  of  her  position,  is,  that,  this 
devotio^  is  never  concentrated  on  her  own  men.  *  *  * 
For  my  own  part,  I  am  heartily  sick  of  this  trait  in 
the  policy  of  Pennsylvania.  In  the  various  avocations 
of  life,  professional  and  otherwise,  this  state  has  produced 

•  A  little  light  is  thrown  on  this  campaign  by  a  letter  of  David  R.  Porter's 
of  November  8,  1842,  to  Ellis  Lewis.  Porter  was  then  Governor.  The  subject 
was  Ingham's  career:  "He  was  the  Federal  candidate  for  Speaker  in  oppo- 
sition to  Simon  Snyder  in  1806— was  the  most  vituperative  among  the  slanderers 
of  that  great  and  good  man  during  the  whole  period  of  his  admn.  His 
first  reception  into  the  party  was  under  the  admn.  of  Governor  Findlay,  and 
during  the  short  period  of  his  connection  with  that  admn.  such  seemed  to  be 
the  perversity  of  his  nature,  that  his  every  effort  was  bent  on  its  prostration: 
in  which  he  succeeded  in  less  than  eighteen  months.  At  the  convention  of  4th 
March,  1823,  an  attempt  was  made  by  a  clique  of  politicians  to  foist  him  on  the 
party  as  its  candidate  for  Govr,  but  it  was  met  with  such  a  burst  of  indignation 
as  to  frown  it  down  in  a  most  emphatic  manner.  He  finally  succeeded  in  get- 
ting into  the  cabinet  of  General  Jackson,  and  before  being  well  warmed  in  his 
seat,  his  house  is  found  to  be  the  rendezvous  of  every  enemy  the  old  chieftain 
had  about  the  seat  of  government.  You  know  the  rest.  He  has  always  been 
regarded  as  one  of  the  most  malevolent  *  *  *^  hence  his  bitterness  towards 
you  for  frustrating  his  attempts  to  plant  the  standard  of  his  rebellion  against 
the  admn.  of  Gcnl.  Jackson  in  Bradford  County."      (Italics  by  the  author.) 


A  MEMBER  OF  THE  LEGISLATURE  ^^ 

some  of  the  most  distinguished  men  of  the  age,  and  yet 
in  a  pohtical  point  of  view,  many  of  her  best  men  have 
been  neglected  or  forgotten,  amid  tlie  chn  of  party  feuds 
and  domestic  discussions."^  On  December  5th  (1832), 
the  electoral  college  of  Pennsylvania  met  in  the  Senate 
Chamber  at  Harrisburg  and  cast  their  thirty  votes  for 
Andrew  Jackson  for  President  and  William  Wilkins,  of 
Pennsylvania,  for  Vice-President.  This  was  on  Wednes- 
day, on  Thursday,  twelve  of  the  thirty — nearly  half,  as 
will  be  observed,  issued  an  announcement  in  which  they 
stated  that,  while  casting  for  the  talented  son  of  Penn- 
sylvania their  vote  as  they  were  instructed,  they  were 
glad  that  enough  of  the  good  Democratic-Republican 
states  had  secured  the  election  of  such  a  friend  of  the 
administration  as  Mr.  Van  Buren.  On  Tuesday  a  Demo- 
cratic convention,  which  had  evidently  been  called  to 
consider  the  possibility  of  swinging  over  the  electoral 
vote  to  Van  Buren,  decided  to  only  express  confidence 
in  him,  although  thirteen  counties  of  the  State  gave 
about  8,000  majority  for  him.  The  bitterness  below  it 
all  was  seated  in  the  financial  and  transportation  phases 
of  the  question. 

On  Tuesday  also  the  Legislature  met,  and  the  first 
public  business  to  which  Representative  Lewis  listened 
was  the  Keating  resolution  denouncing  the  course  of 
South  Carolina  and  her  nullification  proceedings  and 
upholding  the  President  in  a  vigorous  course  in  regard 
to  them.  This  came  up  again  on  the  nth,  and  after 
Mr.  Buchanan,  of  Greene  County,  had  spoken  in  favor 
of  unanimously  adopting  the  resolution,  the  Bradford 
representative  made  his  maiden  speech  of  the  session. 
It  was  so  highly  approved  that  the  Harrisburg  Chronicle 
published  it  entire  a  little  later  [January  loth]  :  "Mr. 
Speaker."  he  l^egan.  "I  concur  with  the  gentleman  from 
Greene  that  it  is  desirable  to  pass  these  resolutions 
unanimously  if  they  are  to  be  passed  at  all.  My  only 
doubt  has  been  the  propriety  of  legislative  action  at  all 
upon  resolutions  of  this  character.  They  do  not  fall 
properly  in  the  range  of  our  legislative  duties.  The 
practice  of  giving  legislative  opinions  in  the  manner  now 
proposed,  is  not  to  be  commended.    It  occasioned  a  waste 

'  Keprinted  from  tlie  Siisquehaiiiia  Register  in  the  Harrisburg  Chronicle  of 
November  12,  1832. 


78  ELLIS  LEWIS 

of  time,  and  a  useless  expenditure  of  the  people's  money. 
It  tended  to  withdraw  the  attention  of  the  house  from 
the  proper  subjects  of  legislation,  and  led  to  a  neglect 
of  those  duties  which  were  imposed  upon  us  by  the  con- 
stitution, which  the  people  had  sent  us  here  to  perform, 
and  which  we  had  severally  sworn  at  that  desk  to  dis- 
charge 'with  fidelity.' 

"After  the  resolutions  shall  have  gone  through  all 
the  forms  of  legislative  enactment  in  this  house — after 
they  shall  have  passed  the  Senate — after  they  shall  have 
been  approved  of  and  signed  by  the  Governor,  what  are 
they  worth?  They  are  perfectly  inoperative  as  law — 
they  cannot  be  enforced  as  such.  They  are  nothing 
more  than  an  expression  of  opinion  of  the  legislature ; 
an  opinion  which  in  general  had  better  be  left  to  the 
people  themselves  to  express  in  their  primary  assemblies. 
What  right  have  133  members  of  the  Legislature  to 
express  opinions  for  the  whole  people  of  this  common- 
wealth, or  to  attempt  to  settle  grave  and  solemn  questions 
of  national  policy  or  constitutional  law,  for  an  enlight- 
ened community  like  ours?  What  right  have  the  fifteen 
members  from  the  city  and  county  of  Philadelphia  to 
express  opinions  upon  subjects  not  within  the  limits  of 
legislative  duties,  for  the  200,000  intelligent  inhabitants 
of  that  portion  of  the  state.  They  have  no  such  right. 
My  colleagues  and  myself  claim  no  such  right  in  behalf 
of  the  30,000  inhabitants  we  have  the  honor  to  represent 
upon  this  floor.  They  are  abundantly  capable  of  dis- 
cussing and  expressing  opinions  for  themselves.  They 
sent  us  here  for  no  such  purpose.  They  sent  us  here 
to  make  their  laws,  and  to  transact  such  business  as 
fall  within  the  powers  vested  in  us  by  the  constitution. 
The  people  have  loudly  complained — and  they  had  good 
cause  to  complain — on  account  of  the  time  consumed  and 
money  expended  in  discussing  the  celebrated  French 
resolutions. 

'T  repeat  the  inquiry,  Mr.  Speaker,  what  are  such 
resolutions,  in  general,  worth  when  passed?  I  know 
they  are  paraded  before  our  sisters  of  this  great  con- 
federacy, as  the  'voice  of  Pennsylvania.'  But  is  there  not 
danger  and  delusion  in  this  course?  Can  resolutions 
thus  adopted  be  relied  upon  as  expressing  the  voice  of 


A  MEMBER  OF  THE  LEGISLATURE  79 

the  people  of  Pennsylvania?  Resolutions  upon  cpiestions 
of  national  ])olicy,  have  heretofore  been  presented  to 
this  house.  The  subject  is  not  within  the  ran^c^e  of  our 
official  duties — our  attention  is  euf^rossed  with  the  proper 
business  entrusted  to  us  by  our  constituents.  We  feel 
averse  to  consuming  time  in  the  discussion  and  investiga- 
tion of  subjects  with  which  we  have  properly  nothing 
to  do ;  and  thus  a  desire  to  dispose  of  them  as  expedi- 
tiously as  possible ;  a  knowledge  that  they  are  harmless, 
and  a  courtesy  to  the  gentleman  who  presents  them, 
often  produces  the  adoption  of  resolutions  in  the  legisla- 
ture, which  could  never  receive  the  deliberate  sanction 
of  the  people.  At  the  last  session  resolutions  were 
adopted  in  favor  of  the  tarifif,  and  also  resolu- 
tions in  favor  of  rechartering  the  Bank  of  the  United 
States.  The  first  was  proclaimed  as  the  voice  of  Penn- 
sylvania, although  the  people  of  the  Commonwealth  had 
taken  no  part  whatever  in  this  unauthorized  expression 
of  what  was  called  their  sentiments.  The  last — those 
relative  to  the  bank — had  since  come  under  the  considera- 
tion of  the  people,  and  had  been  condemned  by  their 
deliberate  judgment  at  the  polls. 

"These  resolutions  may  be  viewed  by  some  as  an 
entering  wedge  to  another  string  of  resolutions  upon  the 
tarifif  and  upon  the  United  States  Bank.  But  I  shall 
not  so  consider  them.  Those  before  the  house  stand 
upon  a  different  footing  altogether.  They  have  peculiar 
claims  to  the  attention  of  the  house:  Pennsylvania, 
excited  by  a  feeling  of  State  pride,  and  believing  that 
her  rights  of  sovereignty  had  been  trampled  upon  by 
the  I'ederal  government  had  herself  in  times  past  raised 
her  standard  and  her  arms  against  the  constituted 
authorities  of  the  Union.  Her  legislative  and  executive 
authorities  had  authorized  open  resistance  to  a  process 
issued  by  a  federal  court  in  pursuance  of  a  mandate  from 
the  Supreme  Court  of  the  United  States.  Her  militia  had 
been  ordered  out,  and  the  United  States  Marshal  had 
been  driven  at  the  point  of  the  bayonet  from  the  execu- 
tion of  his  ofificial  duties  in  the  Olmsted  case.  P^or  more 
than  thirty  years  had  Pennsylvania  been  the  champion 
of  these  doctrines.  Her  example  and  the  arguments  of 
her  public  men  during  the  progress  of  these  proceedings, 


8o  ELLIS  LEWIS 

liad  been  cited  and  repeated  by  the  advocates  of  nullifica- 
tion in  the  South.  The  course  of  Pennsylvania  may 
have  had  an  unhappy  influence  on  South  Carolina.  That 
deluded  commonwealth  has  directed  her  proceedings  to 
be  forwarded  to  us.  It  therefore  becomes  necessary 
for  us  to  speak  on  this  occasion.  The  importance  of  the 
crisis  and  the  peculiar  circumstances  of  the  case,  justify 
a  departure  from  the  general  principles  which  ought  to 
be  adopted.  We  have  held  out  false  lights — it  is  our 
solemn  duty  to  extinguish  them,  lest  we  may  incur  the 
guilt  of  leading  a  gallant  and  patriotic  sister  of  the  con- 
federacy to  misery  and  ruin.  Let  us,  then,  adopt  that 
resolution  quickly  and  with  unanimity.  Justice  to  our- 
selves, to  South  Carolina,  and  to  the  Union  itself,  requires 
a  solemn  disclaimer  of  the  erroneous  doctrines  contended 
for  in  the  case  of  the  Sloop  Active.  Let  us  tell  South 
Carolina,  as  they  told  us  on  that  occasion,  that  she  is 
in  error — that  she  had  better  return  to  her  duty  as  a 
member  of  the  Union — that  she  has  no  right  to  oppose 
the  execution  of  the  laws  of  the  Nation  and  that  her 
monstrous  edict  of  nullification  is  crimsoned  zvifJi  the  hues 
of  treason. 

"The  gentleman  from  Beaver  (Mr.  Lacock)  took  an 
active  part  as  a  member  of  the  legislature  in  the  proceed- 
ings of  Pennsylvania  to  which  I  refer.  I  am  happy  to^ 
hear  him  advocate  the  resolutions  now  before  the  House. 
I  understood  him  to  admit  that  the  ground  assumed  by 
Pennsylvania  was  untenable — that  the  opinion  of  her  sis- 
ter States  on  that  occasion  settled  the  question,  and  that 
he  himself,  in  supporting  these  resolutions,  recedes  from 
the  ground  taken  by  him  on  the  occasion  alluded  to. 
If  I  misunderstood  the  experienced  and  talented  gentle- 
man from  Beaver  I  hope  he  will  set  me  right. 

"But  how  are  we  to  understand  the  gentleman  from 
the  city  (Mr.  Keating)  ?  Owing  to  his  distance  from  me 
I  heard  but  a  few  of  his  remarks.  I  have  before  me, 
however,  a  newspaper  sketch  of  the  debate  by  which 
it  appears  that  he  urges  Pennsylvania  to  speak  out 
on  the  occasion,  because  'she  has  ahd'ays  been  on  the  side 
of  correct  principles.'  If  this  were  so  there  would  be  less 
occasion  for  an  expression  of  opinion  now.  We  might 
point  to  our  unwavering  adherence  to  correct  constitu- 


A  MEMBER  OF  THE  LEGISLATURE  8i 

tional  principles  as  a  sufficient  answer  to  the  proceedings 
in  South  Carolina. 

"But  what  does  the  p^entleman  mean  by  the  alleviation 
that  Pennsylvania  had  always  hcen  on  the  side  of  correct 
principles  [?].  It  may  be  flattering  to  our  pride  to  say 
so,  but  is  the  saying  true?  Are  the  principles  adhered 
to  so  pertinaciously  for  more  than  thirty  years,  in  the 
Olmsted  case,  correct?  Can  the  proceedings  on  that 
occasion  be  favorably  distinguished,  in  principle,  from 
those  of  South  Carolina  now?  If  the  position  of  Penn- 
sylvania, in  times  past,  can  be  shown  to  be  consistent 
with  the  ground  she  is  asked  to  assume  in  the  adoption 
of  these  resolutions,  I  would  be  exceedingly  indebted 
to  the  gentleman  from  the  city  for  the  exposition.  It 
would  very  much  diminish  the  pain  which  an  inexperi- 
enced member  must  feel  on  being  obliged  to  condemn 
principles  which  had  been  advocated  by  our  ablest  men 
— adhered  to  for  more  than  thirty  years  by  our  consti- 
tuted authorities — sanctioned  by  men,  some  of  whom  are 
members  of  our  present  legislative  body.  Others,  can- 
didates for  office  before  us,  and  many  more  after  occupy- 
ing exalted  stations  of  public  trust,  had  descended  to 
their  graves  esteemed  for  their  virtues — venerated  for 
their  patriotism. 

"Understanding  these  resolutions  as  I  presume  the 
gentleman  who  oflFered  them  desires  to  be  understood — 
understanding  them  as  not  interfering  with  the  sacred 
right  of  revolution,  1  vote  for  them  with  my  whole  heart. 
But  if  the  day  shall  unhappily  arrive  when  the  authorities 
of  the  federal  government  shall  transcend  their  constitu- 
tional limits — trample  upon  the  liberty  of  speech  or  the 
press — abolish  trial  by  jury — abridge  the  rights  of  con- 
science, or  shall  in  any  respects  attempt  to  break  down 
the  bulwarks  of  our  liberties,  I  would  consider  such  an 
usurpation  as  more  ruinous  than  civil  war.  I  would  in 
that  case  prefer  the  hazards  of  re])ellion  and  revolution 
to  longer  submission.  I  would  rely  upon  the  spirit  of 
'76.  I  would  call  upon  the  sovereignty  of  the  State  to 
protect  her  citizens  in  the  enjoyment  of  those  inestimable 
blessings  which  their  ancestors  had  bled  to  acquire. 

"But  this  is  not  the  case  of  South  Carolina.  The 
power  to  enact  tariff  Laws  is  expressly  granted  by  the 


82  ELLIS  LEWIS 

constitution,  the  power  is  so  clearly  given  that  no  one 
in  this  house  can  for  a  moment  doubt.  Every  effort  has 
been  made  to  conciliate  and  to  do  her  justice  in  modify- 
ing those  laws.  But  all  in  vain.  Goaded  on  by  the  mad 
ambition  of  aspiring  spirits,  she  is  on  the  brink  of  ruin. 
We  have  but  one  duty  to  perform.  It  is  a  sad  and  solemn 
one. — Let  us  give  our  voice  with  unanimity — let  us  give 
it  with  sincerity — and  when  our  worthy  President  shall 
call  for  action  let  us  sustain  him  with  our  treasure 

AND  OUR  BLOOD."^ 

The  address  made  a  profound  impression  and  the 
resolution  was  passed  by  a  vote  of  94  to  3.  It  marked 
Representative  Lewis,  of  Bradford  County,  as  a  man 
of  power  who  must  be  reckoned  with.  It  also  com- 
manded an  increased  respect  for  him  as  a  man  of  legal 
ability  and  judicial  temperament,  as  well  as  added  to 
his  reputation  as  a  leader  who  could  be  followed  with 
confidence.-  The  result  was  that  when,  on  the  14th  of 
December,  the  House  committees  were  announced,  the 
name  of  Mr.  Lewis  was  upon  two  of  the  most  important 
ones,  that  on  the  Judiciary  and  that  on  Inland  Navigation 
and  Internal  Improvement.  It  may  be  noted  that 
Governor  Wolf,  in  his  message,  had  vigorously  expressed 
the  purpose  of  Pennsylvania  to  stand  for  the  rechartering 
of  the  United  States  Bank,  canal  improvements,  provid- 
ing for  the  state  credit,  general  education,  and  a  reform 
of  the  judiciary  and  penitentiary  system.  And  when  the 
independent  member  from  Bradford  County  entered  the 

'  A  little  later,  January  17  (1833),  there  was  an  attempt  to  adopt  a  resolu- 
tion on  the  tariff,  which  was  carried,  but  not  without  a  strong  protest  by  Brad- 
ford-Tioga members  and  two  others,  which  was  spread  on  the  minutes.  Lewis 
argued  against  it,  as  he  had  indicated  that  he  would  in  the  South  Carolina 
discussion.  The  distinguished  Philadelphian,  Robert  Vaux,  on  January  12th, 
wrote  Mr.  Lewis  a  letter  of  thanks  and  endorsement  of  this  speech:  "Our 
Legislators"  said  he,  "are  too  apt  to  interfere  with  matters  entirely  beyond 
the  sphere  of  their  duty,  and  very  often  without  even  consulting  their  con- 
stituents on  the  grave  topics  about  which  they  venture  to  speak  in  their  behalf. 
Much  mischief  has  followed  from  this  practice,  and  in  no  instances  more 
strikingly  so,  than  relative  to  the  Tariff,  and  the  Bank  of  the  U.  S.  The  ex- 
position of  the  true  doctrine  of  the  line  of  action  for  the  State  government, 
will,  I  trust,  make  a  deep  impression  upon  the  members  of  the  legislature, 
and  the  people  of  Pennsylvania,  and  have  the  happy  effect  to  prevent  in  future 
all  tampering  with  subjects  constitutionally  entrusted  to  other  heads,  and 
hands."     Published  in  Northern  Banner,  Towanda,   Nov.  9,   1833. 

-  An  incident  occurred  on  February  14,  1833,  which  shows  Lewis  in  a 
characteristic  light.  Some  years  before,  a  deaf  and  dumb  boy  was  put  in  the 
Pennsylvania  Institution  for  the  Deaf  and  Dumb  and  educated  by  the  State. 
He  developed  talent  and  at  this  session  presented  the  State  some  of  his  litho- 
graphic work.  Mr.  Lewis  was  made  chairman  of  the  committee  to  respond  to 
the  young  man's  overtures  and  thank  him  and  wish  him  success.  The  boy's 
name  was  Albert  Newsam  and  it  was  voted  that  these  drawings  should  hang 
in  the  Senate,  the  House  and  the  State  Library. 


A  MEMBER  OF  THE  LEGISLATURE  83 

Legislature  this  body,  as  well  as  the  Governor  and  the 
public,  soon  saw  that  he  stood  solidly  in  support  of  these 
purposes  of  Governor  Wolf.^ 

*  Another  characteristic  story  is  told  of  Lewis  about  this  time.  Thaddeus 
Stevens,  who  became  a  member  of  the  Legislature  at  this  time,  was  a  wealthy 
bachelor,  and  on  one  occasion  when  he  and  Lewis,  who  often  lectured  on  the 
subject  of  education,  were  co-operating  in  behalf  of  a  public  school  system, 
Stevens  made  a  notable  speech  on  that  subject  before  the  Legislature.  About 
the  same  time,  Mr.  Lewis,  who  was  himself  a  minor  poet  of  some  ability, 
saw  a  good  poem  on  education  by  Lydia  Jane  Picrson,  whose  little  volume 
called  "Forest  Leaves"  had  just  been  issued.  Lewis  had  hearil  that  a  series 
of  misfortunes  had  brought  the  lady  to  such  pecuniary  straits  that  they  had 
lost  their  home.  He  told  Stevens  about  it  and  intimated  that  here  was  a 
chance  to  aid  the  deserving.  Stevens  agreed  and  asked  Lewis  to  purchase  the 
family  a  suitable  small  farm  and  send  the  bill  to  him — a  program  that  Lewis 
carried  out  to  the  profound  gratitude  of  the  authoress  of  "Forest  Leaves" — 
who  knew  neither  of  the  gentlemen  except  by  reputation.  Lancaster  Jntelli- 
gencer. 


CHAPTER  VII 
Governor  Wolf  Makes  Him  Attorney-General 

1833 

Ellis  Lewis  was  acting  in  the  midst  of  such  powerful 
political  forces  when  he  entered  the  Legislature  that 
his  career  in  that  body  was  bound  to  be  eventful,  but 
probably  no  one  supposed  it  would  assume  such  propor- 
tions as  it  actually  did.  The  chief  feature  of  the  session 
was  the  election  of  a  United  States  Senator,  and  General 
McKean  was  the  leading  candidate,  with  Richard  Rush, 
the  Anti-Masonic  element's  favorite,  as  a  close  second, 
while  the  Clay  Republicans  and  the  Van  Buren-ites, 
respectively,  stood  for  John  Sergeant  and  Henry  A. 
Muhlenberg.  At  the  last  vote  in  December,  which 
resulted  in  no  choice,  McKean  received  50  votes,  Rush, 
45,  and  18  went  to  Sergeant,  with  15  to  Mtihlenberg. 
Two  days  before  this,  on  December  12th,  a  resolu- 
tion of  inquiry  into  the  mode  of  counting  the  votes  for 
Governor  at  the  late  election,  was  proposed.  Its  form 
was  a  serious  reflection  on  the  executive  department, 
and  Representative  Lewis  promptly  attacked  it  with 
great  vigor  and  precipitated  a  spirited  discussion.  At 
its  close  he  presented  a  substitvtte  amendment  which 
would  make  it  merely  a  general  inquiry  by  the  Judiciary 
Committee  as  to  counting  methods,  and  it  passed  53 
to  43.^  Governor  Wolf  was  at  a  window  near  enough 
the  hall  to  hear  Mr.  Lewis'  speech  and  was  so  impressed 
with  its  power,  loyalty  and  wisdom,  that  he  at  once 
sent  for  him  and  thereupon  enrolled  the  Bradford  repre- 
sentative as  a  leading  adviser  and  supporter.-  This 
meant  that  the  favor  of  the  King  had  fallen  on  the  young 
statesman  and  that  official  promotion  was  certain  to 
follow,  though  it  is  doubtful  if  our  Bradford  representa- 
tive had  any  conception  as  to  the  form  it  should  take. 

'  Harrisburg  Chronicle,  filed  in  the  State  Library  at  Harrisburg. 

2  Hon.  C.  D.  Eldred,  in  "The  Now  and  Then,"  1890,  Vol.  Ill,  No.  3.  P-  54- 

84 


ATTORNEY-GENERAL  OF  PENNSYLVANIA  85 

It  is  not  at  all  improbable,  either,  that  the  Secretary  of 
the  Commonwealth,  (ieneral  McKean,  would  have  been 
glad  to  see  this  rising^  vigorous  and  independent  per- 
sonality in  his  bailiwick  not  only  friendly  in  his  dead- 
locked Senatorial  campaign  in  the  Legislature,  but 
passed  into  safe  fields,  as  he  had  been  entirely  too 
powerful  in  Bradford  and  Tioga,  and  was  able  to  do 
without  the  prestige  of  both  Secretary  and  Governor. 
Within  six  weeks,  during  which  period  Representative 
Lewis  was  one  of  the  most  powerful  leaders  on  the  floor 
of  the  House,  it  was  noised  about  that  he  was  to  be 
made  a  high  officer,  and  on  the  last  day  of  January, 
1833,  the  Governor  announced  Ellis  Lewis  as  his  Attor- 
ney-General.^ The  Chronicle  also  stated  that  the  appoint- 
ment was  a  judicious  one  and  that  the  new  Attorney- 
General  expected  to  make  his  home  in  llarrisburg,  "and 
it  is  proper  in  every  respect  that  the  Attorney-General 
should  reside  at  the  seat  of  Government."  The  Attorney- 
General  was  not  destined  so  to  do,  however,  although 
it  would  have  been  a  great  ])leasure,  no  doubt,  to  have 
returned,  as  such  a  distinguished  resident,  to  the  vicinity 
of  the  old  printing-office  from  which  he  had  escaped  less 
than  a  score  of  years  before,  at  this  very  season. 

Attorney-General  Lewis  did  not  give  up  his  seat  in 
the  House  as  Bradford's  representative,  although  it  did 
not  take  long  for  it  to  become  a  mooted  question.  On 
March  9th  (1833),  the  Northern  Banner,  the  new  name 
of  the  old  Settler,  had  a- defense  of  this  course,  the  argu- 
ment being  that  the  Constitution  expressly  excepted  the 
public  office  of  Attorney-at-Law  from  the  prohibited 
offices  to  a  member  of  the  Legislature,  and  the  Attorney- 
General  was  merely  an  Attorney-at-Law  acting  for  the 
State.  As  those  who  elected  him  to  the  one  post  and 
the  one  who  appointed  him  to  the  other,  as  well  as  he 
himself,  were  satisfied,  no  one  seemed  to  take  serious 
stand  against  it,  and  the  Banner's  theory  apparently 
prevailed.^  His  new  post,  as  the  Governor's  legal  ad- 
viser, increased  his  influence  as  a  member  of  the  Legisla- 
ture tremendously,  but  the  strength  of  his  addresses  and 

'  His  commission,  among  the  Lewis  Papers,  is  dated  29th  January,  and 
he  took  the  oath  of  office  on   February  2,    1833. 

'The  Norlhcrn  Banner.  lieRinninK  March  9,  1833,  a  volume  in  possession 
of  Editor  C.   H.  Heverly,  of  Towanda,   Pa. 


86  ELLIS  LEWIS 

measures  equalled  if  they  did  not  surpass  that  influence. 
On  February  8th  (1833),  a  resolution  of  a  Philadelphia 
member  came  up  in  regard  to  the  action  of  Congress 
in  disposing  of  public  lands,  and  the  Attorney-General 
member  presented  an  amendment  that  looked  to  pre- 
serving the  rights  of  States.  "Mr.  Lewis  considered  the 
bill  at  present  before  Congress  unconstitutional,"  said  a 
report  in  the  Chronicle.  "He  so  considered  it  in  more 
than  one  light ;  if  the  general  government  had  a  right 
to  dispose  of  this  land,  he  was  unacquainted  with  the 
manner  in  which  they  acquired  the  right.  The  right, 
he  had  not  a  doubt  in  his  mind,  vested  with  the  several 
states,  after  the  wants  of  the  general  government  were 
satisfied.  The  manner  in  which  the  resolution  was 
worded,  he  considered  rather  demeaning  to  this  state. 
His  state  pride  could  not  brook  it,  and  if  we  gave  away 
the  reserved  privilege  of  a  state  in  this  case,  it  might 
give  rise  to  a  precedent,  which  would  prove  detrimental 
to  the  states  at  some  time  or  other.  The  general  gov- 
ernment it  was  contended  had  no  right  to  prescribe  a 
general  system  of  education,  of  Internal  Improvement 
or  African  colonization.  If  they  have  no  power  on  these 
subjects,  did  it  not  at  once  prove  they  had  no  constitu- 
tional right,  on  the  one  mentioned  in  the  resolution? 
If  all  these  rights  were  to  be  assumed  by  the  General 
Government,  then  it  was  time  for  the  States  to  look 
about  them,  or  their  privileges  would  be  swallowed  in 
the  grasp  of  that  of  the  United  States.  Mr.  L.  quoted 
the  provisions  of  the  constitution  of  the  United  States 
in  support  of  these  positions,  and  concluded  them  by 
quoting  the  loth  Art.  which  reserves  all  powers  not 
delegated  to  the  General  Government,  to  the  several 
states.  This  government  was  rather  an  external  than 
an  internal  one.  The  general  government  had  there- 
fore no  right  to  interfere  and  offer  us  money,  which 
was  now  more  absolutely  ours  than  theirs.  Mr.  L. 
knew  it  was  the  favorite  project  of  Henry  Clay — it  was 
his  in  opposition  to  the  recommendation  of  our  present 
venerable  chief  magistrate.  Mr.  Clay,  he  had  no  doubt, 
was  fully  aware  of  the  advantage  that  would  arise  to 
him,  if  he  could  get  consent  of  the  legislature  of  Penn- 
sylvania in  favor  of  his  project.     *     *     *     *     the  project 


ATTORNEY-GENERAL  OF  PENNSYLVANIA  87 

Avas  slill  the  favorite  one  of  the  'Orator  of  the  West,' 
in  opposition  to  that  of  the  'Hero  of  the  West,'  and  he 
was  opposed  to  it,  because  the  right  of  distribution 
rested  with  the  states  under  the  general  government, 
and  not  originally  with  the  latter."'  The  result  was  that 
the  whole  matter  was  referred  to  a  select  committee 
of  which  Lewis  was  one  and  the  proposer  of  the  resolu- 
tion, Mr.  Thompson,  of  IMiiladclphia,  another,  of  five 
members. 

The  Attorney-General  member  of  the  Committee  on 
Internal  Navigation  was  in  the  midst  of  the  struggles 
over  internal  transportation.  One  of  his  amendments 
brought  out  some  excellent  explanation  of  the  status 
of  the  transportation  struggle,  by  Almon  H.  Read,  of 
Susquehanna :  "Sir,"  said  he,  the  report  reads,  ''what 
was  the  original  design?  It  was  a  continuous,  uninter- 
rupted zvater  communication  between  the  Delaware  and 
the  Inland  seas  of  the  North  West."  He  urged  that 
three  distinct  routes  were  in  the  minds  of  the  canal 
convention  of  1825  and  the  legislators  of  that  day:  the 
Juniata  route,  the  West  Branch  of  the  Susquehanna 
route,  and  the  North  Branch  route.  The  first  two  had 
not  proved  a  success  and  he  advocated  pressing  the 
Wyoming  or  North  Branch  lines,  as  the  main  line,  which 
would  capture  half  of  the  agricultural  trade  of  New  York 
State  as  well,  a  trade  which  equalled  that  of  the  whole 
Ohio  river  trade.  He  expected  the  rail-and-canal  route 
to  Pittsburgh  to  be  finished,  for  the  trade  of  the  Ohio, 
river  was  secondary  only  to  the  trade  of  the  lakes.  It 
should  be  treated  as  secondary  too.- 

On  March  ist  (1833)  Mr.  Lewis  read  a  report  of  the 
Judiciary  Committee  on  complaints  against  a  Justice 
of  the  Peace  in  Philadelphia  which  illustrates  one 
element  of  his  strength.  After  reciting  the  complaints 
and  the  testimony  before  the  committee  he  adds :  "The 
committee  can  perceive  no  propriety  in  sanctioning  a 
principle  which  will  close  one  of  the  doors  of  removal, 
which  has  been  in  their  opinion,  wisely  left  open  by  the 
framers  of  the  constitution.     That  instrument  provides 

•  Harrisburg  Chronicle,  February  n,  1833,  at  the  State  Library,  Har- 
risburg. 

^  llarrishurg  Chronicle,  February  i^,  1833.  This  combined  report  of 
two  sections  on  one  speech  is  one  of  the  most  luminous  commentaries  on  the 
status  of  the  transportation  struggle  in   Pennsylvania  that  can  be  found. 


88  ELLIS  LEWIS 

that  Justices  may  be  removed,  either  by  conviction  of 
misbehavior  in  office,  or  of  any  infamous  crime,  or  on 
the  address  of  both  Houses  of  the  Legislature.  Both 
modes  of  proceeding  are  open,  the  first  is  confined  to 
cases  of  misbehavior  in  office,  and  of  any  infamous  crime, 
or  on  the  address  of  both  houses  of  the  Legislature.  If 
a  magistrate  has  been  tried  and  acquitted  on  a  charge 
of  a  crime,  or  misdemeanor  in  office,  it  is  still  in  the 
power  of  the  Legislature  to  look  beyond  the  record  of 
acquittal  and  if  they  believe  him  guilty,  a  false  verdict 
in  his  favor  or  one  obtained  by  mistake,  cannot  save 
his  office,  altho'  it  may  be  conclusive  so  far  as  to  save 
his  person  from  punishment.  On  the  other  hand  it  is 
not  necessary  that  the  Legislature  should  believe  the 
officer  guilty  of  either  one  offence  or  the  other,  to  justify 
removal.  It  is  enough  that  in  their  opinion  the  interests 
of  the  community  require  a  change.  *  *  *  *  *  *  * 
discontent    among    the    people,    it    is    ample    cause    of 

removal. In    a    government    founded    upon    public 

opinion,  an  officer  can  have  no  right  to  retain  his  station, 
after  he  shall  have  ceased  to  give  public  satisfaction. 
Retaining  such  individuals  in  public  station,  after  their 
conduct  has  excited  great  and  general  dissatisfaction, 
tends,  more  than  anything  else,  to  bring  into  disrepute 
the  administration  of  Justice,  to  destroy  public  confi- 
dence in  our  happy  form  of  government,  and  to  endanger 
the  permanency  of  our  free  institutions.  It  is  tO'  the 
difficulties  heretofore  experienced  by  the  people,  in  their 
endeavors  to  remove  from  office  those  who  have  ceased 
to  give  public  satisfaction,  that  the  committee  ascribe, 
in  great  measure,  the  numerous  applications  for  an 
amendment  of  the  constitution."^  The  committee  recom- 
mended removal  by  address  and  it  was  passed  by  a  vote 
of  91  to  2. 

An  incident  or  two  bearing  upon  his  old  printer  days 
and  which  occurred  about  this  time,  may  throw  light 
upon  his  character  and  popularity.  One  happened  on  the 
occasion  of  the  annual  "Printers'  Celebration"  at  Harris- 
burg  on  Washington's  Birthday.  Their  Attorney-Gen- 
eral brother  was  of  course  invited,  and  as  illness  pre- 
vented his  attendance  he  sent  a  letter,  containing,  among 

^  The  Northern  Banner.  Towanda,  March  30,  1833,  file  in  possession  of 
Editor  C.   F.  Heverly,  of  the  Bradford  Star  of  Towanda. 


ATTORNEY-GENERAL  OF  PENNSVLVAXIA  89 

Other  things,  a  toast  in  the  icchnical  terms  of  a  printing 
office :  "Our  Country :  A  form  of  t^i'ciity-fours.  imposed 
in  the  furniture  of  mutual  concession — locked  up  in  the 
chase  of  perpetual  union.  A  slieep's-foot  and  a  black  bait 
to  those  who,  for  the  sake  of  being  capitals  in  one  page 
would  throw  the  whole  forni  into  pi'^ — all  of  which,  while 
especially  pertinent  to  South  Carolina,  could  be  applied 
elsewhere  at  pleasure.  Thereupon  there  was  a  toast  by 
the  whole  company  to  "Ellis,  Lewis,  Escj. — His  acknowl- 
edged merits  and  legal  attainments  have  deservedly 
placed  him  at  the  head  of  his  profession."'  Another 
incident  recalling  his  printer  days  in  Harrisburg,  occurred 
a  few  days  later,  namely,  on  March  7th,  when  he 
announced  his  appointment  as  Deputy  Attorney-General 
for  Cumberland  County  the  son  of  his  old  "master," 
John  W'yeth,  Jr.-  He  afterward  told  an  old  friend,  Judge 
C.  D.  Eldred,  that  he  did  this  to  show  that  he  nursed 
no  resentment  toward  the  family.  He  at  the  same  time 
appointed  T.  B.  Dallas  for  Pittsburgh,  and  indeed  all 
his  other  appointments  were  both  good  law  and  good 
politics,  so  that  the  leaders  in  the  Senatorial  dead-lock, 
who  knew  well  that  dead-locks  were  liable  to  generate 
"dark-horses,"  might  naturally  look  with  apprehension 
on  this  new  figure  looming  up  under  the  tutelage  of 
Governor  Wolf  within  the  very  limits  of  the  battle-field 
itself. 

An  innocent  looking  incident  came  up  in  the  Senate 
on  March  12th  (1833),  that  proved  to  be  very  significant. 
Some  petitions  had  come  up  from  Lycoming  County 
complaining  that  their  venerable  President  Judge,  Seth 
Chapman,  had  so  far  passed  beyond  the  age  of  useful- 
ness that  his  occupation  of  that  office  in  the  Eighth 
Judicial  District  was  an  obstacle  to  the  ends  of  justice. 
The  Senate  had  referred  the  matter  to  a  committee  for 
investigation  and  were  now  ready  to  report.  They  stated 
that  in  the  course  of  the  examination  of  witnesses  they 
had  come  to  the  conclusion  that  the  complaints  were 
well  founded,  but  at  this  juncture  a  letter   from  Judge 

'  Harrisburg   Chronicle,    February   28,    1833. 

'  llarrisbufff  Chronicle,  date  indicated.  In  the  Democratic  Re-.-iejv  of 
New  York,  April,  1847,  P-  35^.  't  states  on  good  autliority:  "As  Attorncy- 
(leneral,  Mr.  Lewis  would  never  take  any  fees  for  public  prosecutions,  leaving 
these  to  his  deputies  in  every  instance,  considering  this  course  as  most  in 
accordance  with  the  dignity  of  the  office." 


90  ELLIS  LEWIS 

Chapman  was  received,  dated  March  nth,  stating  that 
lie  had  had  the  matter  of  resignation  under  consideration 
for  some  time,  and  that  only  provision  for  his  family 
had  delayed  his  decision.  His  resignation  was  now  in 
the  hands  of  Governor  Wolf  to  take  effect  on  the  follow- 
ing October  loth.  This,  the  committee  said,  made 
further  investigation  or  action  unnecessary  and  hence 
their  report  at  this  date.  The  President  Judgeship  of 
the  old  Eighth  District  was  therefore  to  be  vacant  in 
October — a  district  in  which  Ellis  Lewis  first  won  a 
place  in  public  and  private  life  as  printer,  lawyer,  and 
publicist ;  where  he  had  won  his  wife  and  built  his  first 
home ;  where  he  had  greater  prestige  than  anywhere 
else  in  the  world  ;  where  he  was  admitted  to  the  bar, 
had  built  up  his  practice  and  had  been  prosecuting  officer 
of  the  State.  It  was  also  a  district  torn  by  the  discus- 
sions created  by  the  last  campaign  by  the  partisans  of 
Jackson  and  Wolf  and  Wilkins  and  friends  of  Van 
Buren  and  their  present  candidate  for  Senator,  Henry 
A.  Muhlenberg,  and  one  in  which  the  Attorney-General 
had  steered  an  independent  course — although,  as  he 
proved,  a  loyal  supporter  of  Jackson  in  national  matters 
and  Wolf  in  State  affairs,  and  consequently  did  not  have 
the  local  stamp  of  the  McKean  interests.  He  was 
however,  now  voting  for  Secretary  McKean  for  the 
United  States  Senatorship  in  the  long  continued  dead- 
lock in  the  Legislature. 

It  is  significant,  also,  that  there  was  before  the 
Senate  at  this  time  a  bill  for  a  constitutional  convention 
to  provide  for  a  Lieutenant-Governor,  a  check  by  the 
Senate  on  all  appointments  by  the  Governor,  the  election 
of  most  county  and  city  officers,  a  fixed  limit  to  judicial 
terms  instead  of  life  tenure  under  appointment  of  the 
Governor  as  it  was,  a  reduction  in  the  Senatorial  term, 
and  a  few  other  provisions.  This  was  the  third  effort 
to  revise  the  constitution,  that  in  1805  having  failed  and 
that  in  1825  having  been  voted  down  by  the  people. 
This  time,  however,  the  people  were  thoroughly  con- 
vinced that  the  present  centralization  of  patronage  in 
gubernatorial  hands  was  the  fruitful  source  of  abuse  and 
vicious  organization  of  state  politics.  The  result  was 
that  members  of  all  parties  recommended  it  to  the  next 


ATTORNEY-GENERAL  OF  PENNSYLVANIA  91 

legislature,  and  early  in  April  the  session  closed  and  they 
had  failed  to  elect  a  Senator. 

During  March  also  a  committee,  of  which  Mr.  Lewis 
was  a  member,  made  a  report  notable  in  the  history  of 
the  State.  There  had  been  a  terrible  mortality  in  the 
old  Arch  Street  Trison,  in  Philadeljihia,  during  the 
previous  summer,  which  led  to  the  investigating  com- 
mittee referred  to,  and  after  examination  they  made  a 
report  on  March  15,  1833.  Pennsylvania,  like  many 
other  States  at  that  time,  imprisoned  for  debts,  and  in 
the  debtors'  section  of  this  prison,  they  found  that  in 
forty  cases  the  total  debt  on  which  the  victims  were 
incarcerated  was  but  $23.40,  some  individuals  having 
been  imprisoned  for  as  low  as  two  cents,  and  some  for 
nineteen  cents,  twenty-five  cents  or  thirty-seven  cents ! 
The  report  reads  much  like  Mr.  Lewis'  work,  and  it 
intimates  that  all  imprisonment  for  debt  should  be 
abolished,  but  the  committee  brought  in  a  law  which 
provided  that  for  all  debts  under  $5.34  it  must  be 
abolished  and  the  law  was  passed.^  At  the  same  session 
he  originated  and  secured  the  passage  of  a  companion 
law  which  allowed  insolvent  debtors  to  give  bail  before 
a  prothonotary.  These  two  provisions,  following  in  the 
wake  of  absolute  abolition  in  New  York  and  some  few 
other  States,  were  hailed  as  a  most  humane  act  and  paved 
the  way  for  total  abolition  of  imprisonment  for  debt  a 
decade  later.  This  event  gave  to  Attorney-General 
Lewis'  name  a  popular  affection  that  was  not  to  be 
forgotten  in  coming  years. 

On  July  13th  (1833)  a  banquet  was  held  in  Towanda 
and  the  Attorney-General  was  present  and  responded  to 
the  first  toast  of  the  evening.  President  Jackson.  Forth- 
with Attorney-General  Lewis  was  the  subject  of  a  toast 
response  by  Editor  Rice,  of  the  Northern  Banner,  with : 
"His  talents  and  services  are  known  to  the  people  of 
Bradford  County  and  will  not  be  lost  sight  of  at  the 
next  election."  About  two  months  before  this,  namely, 
on  May  21st,  some  dozen  or  more  gentlemen  headed  by 
Mr.  Lewis  invited  President  Jackson  to  visit  Harrisburg 

'  House  Journal,  1832,  Vol.  II,  p.  633.  Also  PamphJet  Laws  for  1832-3. 
The  Democratic  Rcviezv  of  New  York,  April,  1847,  p.  357.  The  Pennsylvanian, 
August  30,   1851.     Also  official  sketch  of   Dcinocratic   State  Candidates  in   1857. 


92  ELLIS  LEWIS 

on  his  Northern  tour,  and  exactly  a  month  previous  to 
this  very  day  at  Towanda,  he  had  announced  his  inten- 
tion of  so  doing.*  On  July  27th,  the  opposition  of  the 
McKean  following  in  Bradford  County  began  to  develop 
itself  locally,  the  chief  argument  against  him  being  the 
old  one  of  his  holding  a  membership  in  the  House  while 
Attorney-General.  On  the  loth  of  September,  however, 
a  county  convention  was  held  at  Towanda  and  a  letter 
from  the  Attorney-General  was  read,  expressing  thanks 
for  the  confidence  expressed  by  his  former  election  and 
declining  renomination.  They  at  once  passed  the  follow- 
ing: "Resolved,  that  Ellis  Lewis  is  entitled  to  the  thanks 
of  the  People  of  Bradford  County  for  his  efficient  services 
during  his  short  but  eventful  career  as  a  representative, 
and  that  we  have  the  highest  confidence  in  his  talents 
and  integrity  as  a  lawyer  and  a  citizen."^  It  was  eight 
days  after  this  event  that  the  thunder-clap  of  the  Presi- 
dent's orders  for  the  removal  of  deposits  from  the  United 
States  Bank  fell  upon  the  ears  of  the  political  and  finan- 
cial world  and  stirred  Pennsylvania  to  the  depths. 

Before  taking  up  these  and  other  events  which  were 
operating  to  draw  him  to  other  fields,  a  glance  may  be 
taken  at  his  proper  work  as  Attorney-General.  It  can 
scarcely  be  more  than  a  glance,  for,  unlike  the  custom 
of  that  office,  in  recent  years,  of  issuing  a  volume  of 
substantial  proportions  containing  all  the  formal  opin- 
ions rendered  by  the  incumbent  of  it,  the  office  did  not 
then  nor,  indeed,  for  many  years  thereafter  keep  any 
records  of  its  work.  Such  opinions  of  Attorney-General 
Lewis  as  have  been  preserved  to  our  period  therefore 
appear  only  in  the  files  of  those  local  newspapers  which 
found  them  of  interest  to  their  constituency.  The  result 
is  that  few  papers  were  large  enough  to  deal  in  this 
kind  of  news,  and  but  two  of  these  opinions  are  known 
to  be  preserved.  These  were  both  on  canal  subjects 
and  both  delivered  in  August,  the  one  on  August  5th, 
to  the  Auditor-General  and  the  other  on  the  24th  of 
the  same  month  to  the  Canal  Superintendent,  General 
Wm.  B.  Mitchell.  The  first  one,  that  to  the  Auditor- 
General,  concerns  the  purposes  of  a  dam  on  the  Bald 

'  Harrisburg  Chronicle. 

-  The  Northern  Banner,  of  Towanda,  September  14,  1833. 


ATTORNEY-GENERAL  OF  PENNSYLVANIA  93 

Eagle  Creek  of  the  West  Krancli  of  the  Suscjuehatina. 
After  reciting  the  technical  relations  of  the  clam  to  the 
law  and  to  the  specific  authority  of  the  Canal  Commis- 
sioners, he  says:  "If  the  dam  was  directed  to  be  con- 
structed for  the  mere  purpose  of  forming  the  proposed 
connection,  and  the  Commissioners,  the  better  to  disguise 
their  object  and  evade  the  proviso  in  the  law  limiting 
the  length  of  the  dam,  have  merely  changed  its  name, 
giving  it  the  empty  cognomen  of  a  'feeder  dam'  when 
in  truth  it  is  a  connexion  dam,  the  whole  proceedings 
would  without  doubt  be  a  criminal  violation  of  the  law. 
The  illegality,  if  it  exist  at  all,  consists  more  in  the 
motives  than  in  the  acts  of  the  Commissioners.  If  they 
have  violated  the  law,  in  the  premises,  the  violation 
consists  in  the  application  of  a  power  given  to  them 
for  one  purpose  to  the  accomplishment  of  another  object 
for  which  they  have  no  authority  so  extensive.  It  is 
like  the  alledged  unconstitutionality  of  the  tariff  laws. 

■'The  opponents  of  the  protective  system  admit  that 
Congress  may  lay  duties  for  revenue,  but  they  deny  the 
power  of  that  body  to  lay  duties  for  the  purpose  of 
protecting  domestic  Industry.  Congress  pass[ed]  an 
Act  appearing  on  its  face  to  be  for  the  purpose  of 
revenue,  but  arranged  in  all  its  details,  in  such  a  manner 
as  to  accomplish  the  supposed  unauthorized  object  of 
protection.  Admitting  their  authority  to  be  thus  limited, 
the  violations  would  consist  in  the  concealed  motives 
of  the  members — in  the  improper  application  of  a  lawful 
power  to  an  object  over  which  they  have  no  such  power. 
In  cases  of  this  kind,  when  the  violation  depends  upon  the 
secret  pur])oses  of  tlie  persons  exercising  the  authority, 
it  is  not  competent  for  the  courts  to  pronounce  the  act 
void  for  want  of  authority.  Nor  is  it  competent  for  the 
Auditor  Ceneral  to  reject  the  vouchers  offered  by  the 
Superintendent,  in  the  present  case,  for  want  of  proper 
motives  in  the  Commissioners  who  have  directed  the 
expenditure,  because  there  is  no  want  of  authority 
here.    They  have  kept  within  the  limits  of  their  powers. 

"If  there  is  anything  wrong  it  is  in  the  abuse  of  an 
authority  unquestionably  confided  to  them,  and  not  in 
an}'  alteni])!  to  exercise  a  power  not  confided.    Whenever 


94  ELLIS  LEWIS 

any  officer,  authorized  to  disburse  the  money  of  the 
State,  transcends  his  authority,  the  pubHc  must  look  to 
the  Auditor  General  to  guard  their  finances,  and  arrest 
the  expenditure.  But  where  the  law  has  entrusted  a 
discretionary  authority,  over  a  particular  subject,  to  a 
certain  body  of  men,  so  long  as  they  keep  within  the 
limits  of  the  power  confided,  the  Auditor  General  can 
administer  no  relief  against  its  improper  exercise.  It 
is  not  his  duty  to  arraign  their  motives  and  to  treat 
their  acts  as  void,  on  the  ground  of  a  supposed  abuse 
of  a  reposed  authority.  Drawing  their  authority  from 
the  same  source  with  the  Auditor  General,  they  must 
answer  for  all  abuses  to  the  common  superior — the  rep- 
resentatives of  the  people.  If  the  Canal  Commissioners 
have  changed  the  location  of  the  feeder  dam  for  the 
purpose  of  exceeding  the  law  relative  to  the  Bald  Eagle 
Connexion,  I  know  of  no  remedy  in  the  Accountant 
Department.  If  an  officer  execute  a  writ,  issued  in 
pursuance  of  a  judgment  appearing  on  the  record  to  be 
within  the  jurisdiction  of  the  tribunal  rendering  the 
judgment,  it  is  justification  to  him,  notwithstanding  the 
court  may  have  abused  its  authority,  or  may  be  have 
had  in  view  the  accomplishment  of  improper  rather  than 
proper  but  unauthorized  objects.  So  if  the  superinten- 
dent have  disbursed  the  public  money,  in  pursuance  of 
directions  from  the  superior  agents  of  the  Common- 
wealth, and  those  directions  appear,  upon  their  face, 
to  be  within  the  scope  of  the  authority  confided  to  his 
superiors,  it  is  a  justification  to  the  former,  notwith- 
standing the  latter  may  have  had  an  unauthorized  object 
in  view  in  giving  the  directions.  It  is  only  where  the 
authority  of  the  superior  is  transcended  that  the  inferior 
is  justified  in  refusing  obedience,  not  when  it  is  mis- 
applied or  abused. 

"To  avoid  all  delay  I  have  thrown  these  views  hastily 
together  in  language  loose  and  imperfect.  I  have  full 
confidence  however  in  the  construction  attempted  to  be 
enforced.  Although  a  separate  answer  to  each  point 
is  not  given  inj  the  order  in  which  they  were  presented, 
still  an  answer  to  each  will  be  found  in  some  portion 
of  what  I  have  said.  In  order  that  I  might  be  better 
understood  I  may  have  gone  further  than  required.     If 


ATTORNEY-GKNl-RAL  OF  PENNSYLVANIA  95 

so,  I  rely  upon  your  kind   indulgence,  for  the  uninten- 
tional trespass  upon  your  attention. 

"Very  respectfully  yours,  &c., 

"Ellis  Lewis. "^ 

The  second  opinion,  that  of  Auj^ust  24th  following, 
was  based  upon  a  case  referred  to  the  Governor  by 
Superintendent  Mitchell,  involving  the  course  of  a  local 
magistrate  who  assumed  jurisdiction  in  an  action  affect- 
ing construction  of  some  part  of  the  canal  This  is 
sufficiently  brief  and  interesting  to  give  entire,  as 
follows : 

"Your  letter  of  the  22nd  instant,  to  his  Excellency, 
the  Governor,  having  been  referred  to  me,  I  respectfully 
advise  the  following  course  of  proceeding,  to  remedy  the 
grievances  of  which  you  complain. 

"It  is  my  opinion,  that  a  Justice  of  the  Peace  has  no 
jurisdiction  of  a  claim  for  damages,  occasioned  in  the 
construction  or  obtaining  materials  for  the  construction 
of  the  Railroad  or  Canal ;  and  that  in  all  such  suits,  no 
matter  who  may  be  the  nominal  defendants,  the  Com- 
monwealth is  substantially  the  party  sued.  No  court  in 
the  State  can  entertain  directly  or  indirectly,  a  suit 
against  the  Commonwealth,  unless  such  suit  has  been 
previously  authorized  'by  law.'  Before  the  jurisdiction 
can  attach,  her  consent  must  be  shown  to  the  'manner,' 
the  'Court'  and  the  'Case.' — Const.  Pa.  Art.  9,  S.  11. 
The  case  referred  to,  instead  of  being  subject  to  the 
jurisdiction  claiming  cognizance,  and  to  the  matter  of 
proceeding  adopted,  have  [has]  been  expressly  submit- 
ted to  a  different  tribunal,  proceeding  in  a  difTercnt 
manner — 5th  section,  act  of  9th  April,  1830,  pamphlet 
laws,  page  220.  The  Justices  of  the  Peace  have  no 
jurisdiction  either  over  the  subject  matter  of  the  action 
or  the  party  defendant.  Entertaining  this  opinion,  I 
think  on  a  Certiorari,  the  Court  of  Common  Pleas  will 
hear  affidavits  to  prove  the  facts  necessary  to  show 
excess  of  Jurisdiction,  if  they  should  not  appear  upon 
record,  although  in  ordinary  cases,  where  the  jurisdic- 
tion is  not  disputed,  the  parties  are  generally  confined 
to   the   record    returned    by    the   justice,   vide    3    Yeates 

*  Harrisburg  Chronicle,  August  19,    1833. 


96  ELLIS  LEWIS 

479,  Alimcad's  [Ashmead's]  Rep.  52,  ib.  217,  222, 
Wharton's  Dig.  474-5,  Bin.  29,  DaL  ']'j,  114.  I  there- 
fore recommend  that  writs  of  Certiorari  be  taken  out, 
and  good  counsel  be  employed  to  attend  to  the  pro- 
ceedings. 

"It  may  be  necessary  to  guard  against  a  recurrence 
of  the  evils  alleged.  If  the  facts  are  as  stated  in  your 
letter,  the  conduct  of  the  magistrates  entertaining  juris- 
diction is  exceedingly  injurious  to  the  public  interest, 
and  evinces  but  little  regard  for  the  policy  and  as  little 
respect  for  the  sovereignty  of  the  State.  It  is  imma- 
terial whether  their  conduct  proceeds  from  hostility  to 
a  measure  of  public  policy  which  the  Legislature  have 
adopted,  or  from  an  honest  error  in  opinion.  In  either 
case  the  public  interest  seem[s]  to  require  the  removal 
of  those  whose  opinions  are  so  greatly  and  dangerously 
at  variance  with  the  laws  and  established  policy  of  the 
Commonwealth.  An  erroneous  opinion  in  an  ordinary 
case  would  be  no  cause  of  removal,  but  where  the  error 
effects  extensively  the  whole  community,  thwarts  the 
wishes  of  the  people  in  their  system  of  internal  improve- 
ment and  tends  to  obstruct  the  public  agents  in  their 
endeavors  to  carry  those  wishes  into  execution,  it  is 
ample  cause  for  removal  by  address.  It  will  be  proper 
for  you,  therefore,  to  make  a  detailed  report  of  the  facts 
in  each  case,  either  to  the  Governor  or  the  Canal  Com- 
missioners, that  the  whole  subject  may  be  laid  officially 
before  the  representatives  of  the  people. 

"Very  respectfully  yours,  &c., 

"Ellis  Lewis. "^ 

Returning  to  the  flow  of  political  movements,  it  may 
be  said  that  those  in  the  matter  of  the  Eighth  Judicial 
District  president  judgeship  were  publicly  made  on  the 
31st  of  July  (1833).  "General  McKean,"  writes  Hon. 
C.  D.  Eldred  in  Novo  and  Then,  in  November,  1890,  in 
relation  to  Lewis  at  this  time,  "wished  to  retire  him 
from  active  politics,  as  Lewis' ,  ambition  and  talents 
threatened  to  interfere  with  his  own  aspirations.  Gen- 
eral Anthony  was  in  Congress  and  expected  re-election, 
and  would  support  the  Attorney-General's  pretensions. 
James   P.   Bull,   editor   of   the    Bradford   Settler,   and   a 

^  This  appeared  in  tlie  Northern  Banner,  at  Towanda,  on  September  21, 
1833.     It  also  appeared   in   the   Ilarrisburg  Chronicle  and  some  few  others. 


ATTORNEY-GENERAL  OF  PENNSYLVANIA  97 

brother-in-law,  was  a  political  power  in  Northern  Penn- 
sylvania at  this  time,  and  of  course  was  Lewis'  friend, 
whilst  W.  F.  Packer,  then  Sii])erintendcnt  of  the  West 
Branch  Division  of  the  Pennsylvania  Canal,  and  pro- 
prietor of  the  Lycoming-  Gaccttc,  was  indebted  alike  to 
McKean  and  Lewis  for  his  preferment,  and  awaited  an 
opportunity  to  cancel  the  oblio^ation.  Ellis  Lewis  was 
therefore  formally  announced  and  pressed  for  the  ap- 
pointment " — to  succeed  Judge  Chapman — "  by  the 
Lycoming-  Gazette  as  early  as  July  31,  1833.  But  the 
friends  of  Van  Buren  and  Henry  A.  Muhlenberg,  with 
the  Lycoming  Chronicle  faction,  at  once  stoutly  and  firmly 
opposed  his  selection.  An  able  correspondent  of  the 
Chronicle,  who  styled  himself  a  'Free  Citizen,  under- 
stood to  be  Dr.  W.  R.  Power,  scored  the  personal  and 
political  character  of  the  Attorney-General  through  the 
columns  of  the  Chronicle  weekly  for  the  ensuing  three 
months,  whilst  the  Gazette  as  earnestly  defended  both, 
and  the  war  of  words  continued. 

In  the  meantime  a  Democratic  county  convention  was 
held,  at  which  the  feeling  on  the  Judgeship  question  was 
predominant.  Joseph  B.  Anthony  and  Dr.  James  Taylor 
were  returned  from  Williamsport  as  Lewis'  delegates, 
and  John  H.  Cowden  and  Joseph  Williams  as  Anti- 
Lewis.  The  latter,  it  was  admitted,  had  received  a 
majority  of  the  votes  cast,  but  the  election  officers  threw 
away  all  such  as  had  been  given  by  persons  unfriendly 
to  either  the  State  or  National  administrations,  and 
returned  the  former.  The  convention,  after  a  bitter 
speech  from  General  Anthony,  in  which  he  called  his 
opponents  Federalists  and  "fag  ends  of  faction,"  admit- 
ted him  and  Dr.  Taylor  to  represent  the  said  borough 
by  a  very  decisive  majority.  The  same  body  rejected 
a  resolution  offered  by  A.  V.  Parsons  and  aimed  at 
General  McKean,  that  the  candidates  for  the  Legislature, 
namely,  George  Crawford  and  William  Piatt,  Jr..  should, 
if  elected,  support  no  person  for  United  States  Senator 
but  an  avowed  friend  of  the  President  and  Vice-President 
of  the   United   States.     The   vote   stood  34  to    13.^      It 

•  Hon.  C.  D.  Eldred,  in  "Thr  Nn-u.-  and  Then,"  Vol.  III.  No.  i.  1890,  p. 
55.  Attorney-General  Lewis  told  Martin  \'.Tn  Buren  in  the  autumn  of  '33  "that 
Gen.    McKean    would    be   elected    to   the    U.    S.    Senate— that    that    event   must 


98  ELLIS  LEWIS 

will  thus  be  seen  that  the  iMcKean  Senatorial  and  the 
Lewis  Judicial  interests  became  more  or  less  welded 
together  by  the  campaign,  and  that  this  time  General 
McKean  won,  both  for  his  plans  for  himself  and  his  plans 
for  Lewis.  For  the  appointment  of  Attorney-General 
Lewis  as  President  Judge  of  the  old  Eighth  Judicial 
District  was  made  and  the  commission  drawn  on  October 
14th,  and  the  man  to  take  his  place  at  Harrisburg  was 
none  other  than  George  M.  Dallas,  of  the  city  of  Phila- 
delphia;  so  that  in  December  this  adjustment  of  interests 
produced  the  result  General  McKean  desired  and  landed 
him  in  the  United  States  Senate  by  a  vote  of  74  to  57 
for  all  others.  With  these  rapid  combinations  of  various 
events  the  distinguished  young  ex-Attorney-General, 
now  but  thirty-five  years  of  age,  passed,  as  he  believed, 
from  the  exciting  conflicts  of  the  bar  and  political  arena 
into  a  judicial  career  which,  at  that  time,  was  an  appoint- 
ment for  the  rest  of  his  natural  life,  although  the  rumb- 
lings of  discontent  with  judicial  life-tenure  were  begin- 
ning to  be  heard  all  over  Pennsylvania. 

not  be  considered  as  indicative  of  hostility  to  a  National  Convention  or  to 
you  [Van  Buren]^and  that  the  State  would  decide,  immediately  after  Gen. 
McK's  election,  in  favor  of  a  National  Convention,  and  ultimately  in  favor 
of  your  election  as  chief  magistrate  to  succeed  our  venerable  chief  now  at  the 
head  of  affairs."  This  is  said  in  a  draft  of  a  letter  to  Van  Buren  of  March 
15.  1835,  among  the  Lewis  Papers,  and  marked  "Not  Sent."  He  adds  "all 
this  has   come   to   pass." 


CHAPTER  VIII 

He  Becomes  President  Judge  of  the  Eichtii  Judicial 
District,  Composed  of  Nortiiumherland,  Ly- 
coming, Union  and  Columbia  Coun- 
ties, AND  Serves  Ten  Years 

1833 

Judge  Ellis  Lewis,  of  the  Eighth  Judicial  District 
of  Pennsylvania,  was  but  thirty-five  years  of  age  when 
he  succeeded  to  the  office  vacated  by  the  resignation  of 
Judge  Chapman.  Short  as  the  young  jurist's  life  was, 
it  extended  almost  back  to  the  time  when  the  entire 
State  was  divided  into  but  five  districts,  and  his  territory 
was  a  part  of  the  imperial  old  Third  of,  1791.^  In  1806, 
the  number  had  doubled  as  new  counties  were  created, 
and  old  Lycoming  and  Northumberland  were  in  the 
Eighth  District,  which  seemed  devoted  chiefly  to  the 
forks  of  the  Susquehanna.^  By  about  the  time  he  was 
admitted  to  the  bar  the  original  number  was  trebled, 
when  the  Fifteenth  was  erected  out  of  the  old  Seventh 
in  the  southeast  corner.'*  Meanwhile  Bradford  and  Tioga 
had  been  created  and  been  successively  in  the  Eleventh 
and  Thirteenth,  and  within  six  months  after  his  com- 
mission was  issued  the  districts  had  become  nearly  four- 
fold the  number  in  '91,  the  act  of  April  14,  1834,  creat- 
ing an  Eighteenth  District.  This  latter  act,  however, 
left  the  old  Eighth  still  containing  Lycoming  and  North- 
umberland with  Columbia  and  Union  as  their  compan- 
ions, and  it  was  at  Sunbury  that  Judge  Lewis  held  his 
first  court,  and  injected  new  vigor  into  the  proceedings 
at  all  four  county  seats  near  the  forks  of  the  Susquehanna. 

It  is  neither  important  nor  desirable  to  go  into  the 
local  details  of  these  four  courts  during  the  decade  of 
his    President-judgeship,   even   if   all   the   records   made 

'  See  "The  Life  and  Times  of  Thomas  Smith,  1745-1809,"  by  Burton  Alva 
Konkle,  for  map  of  the  districts  of   1791. 
'  Act   of   February   24,    1806. 
'Act  of  March   12,   1821. 

99 


loo  ELLIS  LEWIS 

it  possible,  which  they  do  not.  This  period  is  not  distant 
enough  to  warrant  that  kind  of  detail.  The  human 
elements  in  the  situation,  which  are  significant  and  have 
a  bearing  on  large  future  relations  in  the  life  of  such  a 
jurist,  always  illuminate  the  larger  movements  that  are 
the  real  texture  of  history.  The  qualities  of  a  jurist 
which  make  him  of  interest  outside  of  the  technical 
field,  rather  than  within  it,  are  the  ones  which  have 
special  significance,  when  he  has  important  relations  to 
the  constitutional  history  of  the  judiciary,  rather  than 
as  a  conventional  administrator  of  justice.  The  latter 
will  be  found  sufficiently  in  the  technical  field  of  every 
lawyer's  education,  but  the  former  must  be  of  interest 
to  every  citizen  student  of  the  history  of  political  institu- 
tions, for  they  were  of  decided  interest  and  importance 
to  those  contemporary  citizens  in  whose  time  these  great 
movements  were  wrought  out  And  in  no  field  is  this 
more  true  than  in  Pennsylvania  where,  from  the  opening 
struggles  over  the  constitution  of  the  Provincial  Supreme 
Court  in  1684  to  the  present  time,  no  governmental  move- 
ment has  been  of  more  jealous  concern  to  the  people  than 
that  pertaining  to  judicial  constitution.  It  is  this  phase 
of  the  local  judicial  career  of  Judge  Ellis  Lewis  that 
enlists  interest  here.  It  was  impossible  for  him  to  be 
only  the  technical  administrator  of  justice  on  the  bench. 
His  training  as  an  editor  had  given  him  the  habit  of 
popular  out-look  and  a  constructive  attitude  toward 
popular  needs.  His  training  as  a  writer  had  given  him 
an  avenue  to  the  mind  of  the  citizen — a  power  that  has 
been  the  making  of  more  than  one  public  man.  His 
experience  as  a  political  force  in  the  ranks  of  the  De- 
mocracy gave  him  an  influence  which  was  always  full 
of  potency,  even  when  it  took  no  practical  form.  But, 
probably,  it  was  his  tremendous  capacity  as  an  indepen- 
dent student,  and  his  equally  intense  energy  as  a  con- 
structive and  dispatchful  administrator,  that  won  him 
the  respect  of  his  constituency  in  courts  which  had 
suffered  for  some  time  from  alleged  lack  of  these 
qualities. 

A  judge  whose  decisions  convince  his  constituency 
and  the  parties  interested  that  justice  is  so  well  adminis- 
tered in  his  court  that  they  need  no  relief  in  a  higher 


Ellis   Lewis 

From  an  early  miniature, 

in  possession  of  Miss  Josephine   Lewis, 

Philadelphia 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  loi 

court  has  achieved  an  enviable  result,  and  the  jurist 
who,  while  not  securin<^  this  happy  result,  generally 
has  his  decisions  supported  by  that  hip^her  body,  has 
won  scarcely  a  lesser  degree  of  success — as  that  product 
is  usually  estimated.  That  judges  have  been  reversed 
and  still  have  been  right  is  said  to  be  among  the  phe- 
nomena not  classed  as  impossible.  The  cases  in  the 
Eighth  District  which  were  apjjcaled  to  the  Supreme 
Court  were,  as  has  been  indicated,  always  heard  at 
Sunbury,  and  in  July  following  the  commission  of  Judge 
Lewis  one  of  his  cases  went  before  that  body,  with  the 
result  that  his  decision  was  reaffirmed.'  It  was  a  case 
that  illustrated  his  attitude,  already  well-known  in  his 
practice  as  an  attorney,  in  which,  other  things  being 
equal,  he  sympathized  with  the  actual  holder  of  land  in 
a  region  which  had  long  sufifcred  from  defective  titles. 
"In  Pennsylvania  at  this  time,"  said  Justice  Rogers  in 
closing  the  opinion  of  the  court,  "it  is  of  paramount 
importance  that  people  should  be  quieted  in  their  pos- 
sessions. The  increased  value  given  to  lands,  in  conse- 
(|uence  of  the  discovery  of  mineral  wealth,  has  induced 
a  spirit  of  speculation,  which  will  give  rise  to  great 
litigation.  It  is  important,  therefore,  that  those  who 
have  been  in  quiet  possession  of  land  should  not  be 
disturbed,  to  give  it  to  those  who  are  only  induced  to 
lay  claim  to  it  in  consequence  of  the  change  in  value." 

The  second  of  his  cases  appealed  at  the  same  term 
was  attended  with  no  such  fortunate  results,  although, 
in  Justice  Sergeant's  opinion,  the  causes  of  it  seem  to 
arise  as  much  from  lack  of  experience  on  the  bench  as 
any  other  possible  cause.^  Nor  was  he  more  fortunate 
in  the  next  case  at  this  court,  and  a  new  trial  was 
awarded  in  this  as  well  as  the  preceding,  this  time 
under  Chief  Justice  Gibson's  expression  of  the  court's 
opinion.-^  Two  other  cases,  however,  were  affirmed  at 
this  term,  so  that  the  record,  for  a  first  experience,  was 
not  discreditable  by  any  means.* 

'  Caul   vs.    Spring,   2  \\'atts'   Reports,   390. 

"  Bellas  vs.   Lloyd,  2  Watts,  401. 

"United  .States  vs.   Mcrtz.  2  \Vatts,  406. 

*2  Watts,  418  and  4J6.  In  the  correspondence  of  (iovernor  Wolf,  at  the 
Historical  Society  of  Pennsylvania,  is  a  letter  of  Judge  Lewis's  of  9  February, 
183s,  saying  that  he  had  consented  to  go  as  delcKate  to  the  March  conven- 
tion to  head  off  some  malcontents  from  I'hiladelpnia,  Northumberland,  Lan- 
caster and  Columbia,  but  he  would  send  a  man  in  his  place  if  the  Governor 
thought  it  unwise  for  him  to  go. 


102  ELLIS  LEWIS 

At  the  Sunbury  session  of  the  Supreme  Court  in  1835 
there  were  ten  appeals  from  the  decisions  in  the  Eighth 
District,  six  of  which  were  affirmed  and  four  reversed. 
The  following  year  the  record  was  six  affirmations  and 
five  reverses,  and  the  year  1837  furnished  the  same  ratio, 
while  that  of  1838  was  four  to  four,  with  another  case 
chiefly  affirmed,  but  partly  reversed.  The  year  1839 
gave  an  equal  number  of  each,  among  the  sixteen 
appeals  from  his  district,  and  among  the  fourteen  cases 
the  following  year,  eight  were  affirmed.^  These  records 
serve  to  show  a  general  situation,  which  would  of  course 
be  modified  by  the  peculiar  conditions  of  each  case.  The 
general  result  is,  however,  that  approximately  but  a 
half-dozen  cases  out  of  the  large  annual  list  of  four 
courts  were,  for  any  reason,  reversed,  an  average  of 
something  more  than  one  case  a  year  in  each  court.- 

Of  the  four  county-seats  in  which  his  duties  required 
him  to  hold  court,  he  naturally  chose  Williamsport  as 
his  residence,  and  a  daguerreotype  view  of  his  home 
there  is  given  herewith.  The  oldest  of  these  county- 
seats  was,  of  course,  Sunbury,  where  he  took  his  oath 
of  office  on  November  4,  1833.  The  other  places  were 
Danville,  in  Columbia,  and  New  Berlin,  in  Union,  both 
of  which  have  been  long  since  superseded  as  local  capi- 
tals. It  would  be  of  interest  were  the  leading  decisions 
of  district  courts  of  that  day  preserved  as  they  are  to-day, 
to  examine  some  characteristic  opinions  or  charges  that 
would  give  clear  ideas  of  his  personal  and  judicial  quali- 
ties as  they  developed  from  year  to  year.  While  this 
is  impossible,  however,  one  instance,  and  a  most  pictur- 
esque and  pathetic  one,  has  come  down  to  these  days 
with  unusual  accuracy  and  detail — an  enterprise  due  to 
no  less  a  personage  than  the  late  Governor  William  F. 
Packer,  then  a  newspaper  man.  The  case  began  at 
the  November  term  of  1835,  at  Williamsport,  before 
President  Judge  Lewis  and  his  associates,  Judges  John 
Cummings  and  Asher  Davidson,  and  on  the  30th  of  the 
month  mentioned  Judge  Lewis  gave  the  following  charge 
to  the  Grand  Jury:  "The  Court  have  understood  that  a 
bill  of  Indictment  will  be  laid  before  you,  containing  a 
charge  of  murder  in  the  first  degree.     In  such  cases  it 

•  Watts'  Reports. 

*  Watts'  and  Sergeant's  Reports. 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  103 

is  not  unusual  for  the  Presidinf^  Mag^istrate  to  give  some 
instructions  in  relation  to  the  nature  of  the  duties  of 
the  Grand  Jury.  As  most  of  you  are  already  familiar 
with  these  duties,  the  remarks  of  the  Court  will  be  brief. 
By  the  common  law,  murder  is  defined  to  be  the 
unlawfid  killing  of  a  person,  of  malice  aforethought.  By 
our  Act  of  Assembly  of  the  22nd  April,  1794,  all  murder 
perpetrated  by  means  of  poison,  is  declared  to  be  murder  in 
the  first  degree,  and  is  punishable  with  death.  As  the  bill 
about  to  be  laid  before  you  charges  the  accused  with 
having  committed  murder  by  means  of  poison,  the  offense 
charged  is  that  of  murder  in  the  first  degree  and  nothing 
else.  It  is  therefore  unnecessary  to  trouble  you  with  a 
definition  of  the  various  kinds  of  homicide  punishable 
by  law. 

"It  is  not  your  duty  to  try  the  merits  of  each  case, 
but  you  are  merely  to  inquire  whether  there  is  sufficient 
ground  to  put  the  accused  on  trial.  As  a  general  rule, 
therefore,  you  are  only  to  hear  the  witnesses  for  the 
commonwealth.  It  is  necessary  that  at  least  12  of  you 
should  agree  in  finding  a  bill,  and  when  that  number, 
or  more,  agree  to  it,  the  foreman  will  endorse  it  'true 
bill,'  and  sign  such  endorsement  as  foreman.  Should 
any  bill  be  rejected,  it  is  to  be  endorsed  'no  bill'  or 
'Ignoramus'  and  signed  in  like  manner.  In  cases  under 
the  degree  of  felony,  where  a  bill  is  returned  'Igno- 
ramus,' it  is  your  duty  to  determine  whether  the  county 
or  the  prosecution  is  to  pay  the  costs ;  and  in  case  you 
decide  that  the  prosecutor  must  pay  the  costs,  you  are 
to  name  him  in  writing,  signed  as  already  mentioned. 

"The  oath  which  has  just  been  administered  requires 
you  to  'keep  secret  the  commonwealth's  counsel,  your 
fellows  and  your  own.'  This  includes  the  testimony  of 
the  witnesses  who  may  be  examined  before  you.  This 
testimony  is  not  to  be  disclosed  unless  for  the  purposes 
of  public  justice.  Where  a  Grand  Juror  discovers  that 
a  witness  is  materially  varying  from  the  evidence  which 
he  gave  before  the  Grand  Inquest,  it  is  proper  for  him 
to  disclose  the  fact,  in  order  that  justice  may  be  done. 
Unless  for  the  purpose  of  public  justice  the  disclosure 
is  not  to  be  made.  On  the  one  hand  it  might  expose 
the  witnesses  to  the  tamperings  or  menaces  of  the  party 


I04  ELLIS  LEWIS 

accused,  and  the  truth  might,  by  those  means,  be  per- 
verted or  suppressed.  On  the  other  hand  such  dis- 
closures necessarily  tend  to  create  excitements  in  the 
community,  which  interfere  with  that  fair  and  impartial 
trial  to  which  all  are  entitled  under  the  laws  of  the 
country."^ 

The  trial  lasted  nearly  all  winter.  Deputy  Attorney- 
General  James  Armstrong  and  F.  C.  Campbell  were  for 
the  Commonwealth  and  Anson  V.  Parsons,  Robert 
Fleming  and  Wm.  Cox  Ellis  for  the  defendant,  John 
Earls.  A  case  of  revolting  degeneration  was  developed. 
Earls,  a  river-man,  had  deserted  one  wife  and  taken 
another  by  common-law  marriage,  with  whom  he  had 
lived  and  reared  a  family.  He  became  infatuated  with 
another  woman  in  the  neighborhood  and  began  to  con- 
sider measures  for  making  way  with  the  mother  of  his 
children  by  poison.  After  several  failures,  he  succeeded 
shortly  after  she  gave  birth  to  a  child.  "This  important 
trial,"  said  Judge  Lewis  in  his  charge  to  the  jury,  "is 
gradually  drawing  to  a  close,  and  the  period  is  fast 
approaching  when  you  will  be  relieved  from  the  arduous 
duties  in  which  you  have  been  engaged.  The  court  have 
witnessed  with  regret  the  privations  to  which  you  have 
been  subjected.  Ever  since  you  were  empannelled  in 
this  cause,  you  have  been  placed  under  the  charge  of 
the  officers  and  kept  constantly  together.  But  this  was 
necessary,  in  order  that  you  might  be  preserved  free  from 
the  excitement  which  agitates  the  public  mind,  and  thus 
be  able  to  discharge  the  solemn  obligation  you  are 
severally  under  to  determine  this  cause  according  to  the 
evidence  delivered  before  you  in  court,  and  not  according 
to  popular  feelings  and  prejudices.  It  is  unknown  to 
the  court,  and  immaterial  to  you,  whether  the  excite- 
ment is  for  or  against  the  prisoner  at  the  bar.  It  is 
sufficient  for  you  to  know  that  this  cause  must  be 
determined  by  the  law  and  the  evidence.  We  have  no 
■doubt  of  your  determination  to  found  your  verdict  upon 
these,  and  these  only.  The  court  have  observed,  with 
pleasure,  the  undivided  attention  which  you  have  devoted 
to  this  cause,  and  that,  during  the  whole  course  of  the 
time,  no  juror  has  at  any  time  desired  to  withdraw  from 

1  "Earls'  Trials,"  etc.,  reported  by  William  F.  Packer  and  A.  Cummings, 
Jr.,    1836. 


PRESIDENT  JUDGE  AT  VVILLIAMSPORT  105 

the  court-house  during  the  sittings  of  the  court,  either 
for  recreation  or  otherwise.  I'or  this  close  and  severe 
appHcation  to  business,  thus  facilitating  the  progress  of 
the  cause,  the  court  feel  it  to  be  their  duty  to  express 
to  you  their  thanks. 

"In  the  investigation  of  that  part  of  this  case  involv- 
ing questions  in  medical  jurisprudence,  we  have  been 
greatly  aided  by  gentlemen  of  science  in  chemistry  and 
medicine.  With  the  eminent  scientific  acquirements  of 
Dr.  Hepburn  we  were  acquainted  before,  and  also  with 
the  eminent  professional  ability  of  Dr.  Dougal.  But 
we  were  agreeably  surprised  to  witness  the  great  chem- 
ical knowledge  of  Dr.  Kittoe,  and  the  extensive  pro- 
fessional knowledge  of  Dr.  Ludwig.  The  duty  of  giving 
evidence  in  Courts  of  Justice  is  one  of  the  most  irksome 
and  responsible  duties  which  belong  to  the  medical  pro- 
fession. These  gentlemen  have  discharged  that  duty  in 
a  manner  so  candid,  plain  and  satisfactory,  and  exhibit- 
ing such  extensive  research  in  the  sciences  which  they 
profess,  that  they  are  entitled  to  the  commendation  of 
the  community.  It  is  proper  that  we  should  acknowledge 
the  obligation  in  this  public  manner,  and  we  do  so  with 
great  pleasure. 

"We  have  been  greatly  aided,  likewise,  by  the  ability 
with  which  this  cause  has  been  conducted  by  the  profes- 
sional gentlemen  engaged  on  each  side.  The  prisoner 
has  been  aided  by  three  gentlemen  of  distinguished 
ability,  standing  among  the  first  in  the  profession  to 
which  they  belong ;  and  they  have  discharged  their  duty 
with  a  zeal  and  ability  which  does  them  honor.  The 
commonwealth  has  also  been  represented  by  gentlemen 
of  the  first  character  in  the  profession,  and  the  manner 
in  which  they  have  sustained  the  interests  of  the  State 
must  receive  the  high  commendation  of  the  community. 
We  have  had  these  aids  in  the  trial  of  this  cause,  and  it 
seems  proper  that  we  should  make  the  acknowledgment. 

"Something  has  been  saifl  in  the  course  of  the  argu- 
ment in  relation  to  the  responsibilities  which  have  fallen 
upon  you.  The  duties  you  have  to  discharge  are 
responsible  ones;  but  they  are  responsibilities  from  which 
you  are  not  to  shrink.  It  is  proper  that  you  should  feel 
these  responsibilities,  but   a  just  sense  of  them  should 


io6  ELLTS  LEWIS 

liave  no  otlier  influence  upon  your  minds  than  to  induce 
you  to  examine  into  the  case  with  the  more  care  and 
dehberation,  and  to  come  to  a  determination  according- 
to  the  very  best  judgment  you  can  command.  On  the 
one  hand,  the  prisoner,  if  innocent,  is  entitled  to  demand 
at  your  hands  a  speedy  deHverance  from  the  jeopardy 
in  which  he  is  placed.  On  the  other  hand,  if  guilty, 
your  duty  to  the  commonwealth  requires  you  to  say  so, 
in  order  that  the  law  shall  have  its  course. 

"This  is  a  criminal  case.  In  criminal  cases  the  jury 
are  the  judges  of  the  law  as  well  as  the  facts.  The 
court  is  the  constitutional  organ  to  advise  you  in  matters 
of  law.  It  is  then  left  to  you  to  make  such  a  determina- 
tion as  your  judgment  shall  sanction.  The  prisoner  at 
the  bar  stands  charged  with  the  crime  of  wilful  and 
deliberate  murder.  The  first  count  charges  him  with 
the  murder  of  Catherine  Earls,  by  means  of  white 
arsenic,  mingled  in  a  bowl  of  chocolate.  The  second 
count  charges  him  with  the  murder  of  the  said 
Catherine  Earls  by  means  of  zvhitc  arsenic  mingled  in 
a  bowl  of  tea.  By  the  common  law,  murder  is  the  volun- 
tary killing  of  a  person  of  malice  aforethought.  If  the 
poison  was  designedly  administered,  with  intention  to 
kill,  the  malice  is  implied.  By  the  act  of  assembly  of 
the  twenty-second  April,  1794,  it  is  declared  that  'all 
murder  which  shall  be  perpetrated  by  means  of  poison 
shall  be  deemed  murder  in  the  first  degree.'  It  will  not 
be  necessary  for  you  to  enter  into  an  inquiry  in  regard 
to  the  distinction  between  murder  in  the  second  degree 
and  murder  in  the  first  degree.  In  this  case  the  crime 
charged  is  that  of  murder  in  the  first  degree.  And, 
under  the  evidence  in  the  cause  the  prisoner  must  be 
entirely  acquitted  or  absolutely  convicted  of  the  crime 
with  which  he  stands  charged. 

"Some  objection  has  been  taken  to  the  description 
of  the  poison.  It  is  true  that  the  drug  is  known  among 
chemists  by  the  names  of  arsenious  acid,  zvhite  oxide  of 
arsenic,  &c.  But  in  France,  Spain,  Germany  and  England 
it  is  also  known  by  the  name  of  zvhite  arsenic.  The  term 
zvhite  arsenic  is  that  which  is  most  usually  adopted  in 
legal  proceedings.  The  poison  is  legally  and  properly 
described   by  that   name.     While  upon   this   question   it 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  107 

may  be  proper  to  remark  that  it  is  immaterial  by  what 
kind  of  poison  Catherine  Earls  was  destroyed.  If  she 
was  murdered  by  the  prisoner  by  means  of  poison  of 
any  kind,  it  will  be  sufficient  to  sustain  the  indictment. 

"In  entering-  upon  the  investigation  of  this  cause,  the 
prisoner  is  to  be  presumed  innocent  of  all  crime  until 
his  guilt  is  established  by  evidence.  The  circumstances 
should,  to  a  moral  certainty,  exclude  every  hypothesis 
but  that  of  the  prisoner's  guilt  before  you  can  find  him 
guilty.  If  you  can  take  any  view  of  the  facts  which 
shall  consist  with  his  innocence,  that  view  ought  to  be 
adopted  ;  if  you  have  reasonable  doubts  of  his  guilt,  those 
doubts  entitle  him,  by  the  law'S  of  his  country,  to  an 
acquittal.  The  legal  test  to  be  applied  to  the  evidence 
is,  is  it  sufficient  to  satisfy  your  understandings  and 
consciences,  beyond  all  reasonable  doubts,  of  his  guilt? 
If  it  is  of  this  character,  you  ought  to  find  him  guilty; 
if  it  is  not  of  this  convincing  character,  you  ought  to 
acquit  him. 

"The  inquiry  may  be  divided  into  two  branches: 
First,  was  the  death  of  Catherine  Earls  caused  by  poison? 
Second,  if  so,  was  it  designedly  caused  by  the  prisoner 
at  the  bar?  And  here  it  may  not  be  improper  to  notice 
a  fallacy  used  in  the  course  of  the  argument  in  regard 
to  what  was  called  the  science  of  probabilities.  One  of  the 
medical  gentlemen  testified  that  in  his  opinion  neither 
of  the  chemical  tests,  by  itself,  would  be  sufficient  to 
establish,  with  certainty,  the  presence  of  arsenic,  but 
that  a  certain  number  of  tests  would  be  sufficient  for 
that  purpose.  It  was  urged  that  if  no  o)ic  was  sufficient,  all 
together  would  not  be  sufficient,  and  that  a  multiplication 
of  nothings  could  never  amount  to  anything.  But  a 
chemical  test,  indicating  the  presence  of  arsenic,  is  not 
merely  nothing.  It  counts  something,  and  a  sufficient 
number  of  tests,  under  proper  management,  may  estab- 
lish, with  certainty,  the  existence  of  arsenic.  One  log 
may  not  be  sufficient  to  erect  a  building,  but  a  number 
of  logs  may  be  sufficient;  one  shingle  may  not  cover 
it,  but  a  number  of  shingles  may  be  sufficient  for  the 
purpose. 

"The  first  branch  of  the  inquiry,  then,  is,  was  the 
death  of  Catherine  Earls  caused  by  poison?     In  coming 


io8  ELLIS  LEWIS 

to  a  conclusion  on  this  part  of  the  case,  the  jury  will 
consider  all  the  circumstances.  And,  first,  the  sudden- 
ness of  her  death.  It  is  in  evidence  that  she  was  confined 
on  Wednesday,  the  fourteenth  day  of  October,  1835,  and 
after  delivery  was  left  by  the  matron  who  attended  her 
as  well,  if  not  better,  than  usual.  The  next  day,  Thurs- 
day, the  fifteenth,  she  sat  up  with  her  child  by  the  fire,  in 
order  that  the  bed  might  be  made — exhibited  the  infant 
to  one  of  her  daughters — gave  it  nourishment  at  her 
breast — ate  a  hearty  dinner — was  cheerful  and  pleased 
with  the  attentions  of  her  husband,  and  between  seven 
and  eight  o'clock  in  the  evening  ate  a  hearty  supper, 
consisting,  among  other  things,  of  a  pint  boivl  of  chocolate. 
In  little  better  than  an  hour  she  was  seized  with  violent 
vomiting,  and  between  then  and  four  o'clock  in  the 
ensuing  morning  she  was  a  corpse.  This,  of  itself,  would 
not  prove  that  her  death  was  caused  by  poison,  but  it 
is  a  circumstance  to  be  taken  into  consideration.  In  the 
next  place,  the  symptoms  are  to  be  taken  into  considera- 
tion. Orfila,  who  is  esteemed  the  best  French  writer 
on  the  subject  of  poisons,  enumerates  a  large  number  of 
symptoms  which  may  exist  in  cases  of  poisoning  by 
arsenic,  but  he  adds  that  it  is  rare  to  see  them  all  in 
the  same  person,  and  sometimes  all  are  wanting.  Among 
the  symptoms  generally  attending  cases  of  that  kind, 
according  to  the  testimony  of  the  medical  gentlemen, 
are :  vomiting,  pain  in  the  stomach  and  all  over  the  body, 
a  sense  of  burning  heat  in  the  stomach,  intense  thirst, 
efforts  to  vomit,  gagging.  The  evidence  is,  that  Cath- 
arine Earls  vomited  till  she  could  vomit  no  more — 
gagged — complained  of  pain  all  over,  and  called  for 
drink  with  the  last  words  she  ever  spoke.  You  will 
judge  whether  the  symptoms  described  by  the  medical 
witnesses  as  generally  existing  in  cases  of  poisoning  by 
arsenic  were  to  be  found  in  the  case  of  Mrs.  Earls.  If 
so,  it  is  another  circumstance  worthy  of  consideration. 
The  next  matter  worthy  of  consideration  is :  the  appear- 
ance of  the  body  on  dissection.  These  are  not  uniform  in 
cases  of  poisoning  by  arsenic ;  but  the  appearances 
which,  the  authorities  say,  are  sometimes  to  be  found, 
are  livid  stripes  or  patches  on  the  body,  the  coats  of  the 
stomach     highly     inflamed    and    easily    separable,    the 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  109 

duodenum  and  intestines  also  inrtanicd,  the  brain 
turgid,  the  cavities  of  the  heart  filled  with  blood.  You 
have  heard  the  evidence  of  the  physicians  who  conducted 
the  postmortem  examination,  and  will  judge  whether 
these  appearances  were  found  upon  that  occasion. 

"According  to  the  testimony  of  the  physicians,  all 
the  cavities  of  the  heart,  not  only  the  curricles,  which 
receive  the  blood  into  it,  but  the  ventricles,  from  which 
it  is  made  to  pass  out,  were  filled  with  blood  ;  and  that 
this  appearence  was  unusual  and  unnatural. 

"When  we  have  the  evidence  that  this  strong  mus- 
cular organ  was  thus  suddenly  arrested  in  the  perform- 
ance of  its  last  pulsation,  it  may  be  regarded  as  a  cir- 
cumstance indicating  the  influence  of  some  violent  and 
unnatural  cause.  Still,  this  is  not,  of  itself,  to  be  regarded 
as  sufficient  proof  that  the  death  was  caused  by  poison. 
It  is  to  be  taken  into  view,  with  the  other  facts  in  the 
cause.  The  next  subject  for  consideration  is  the  chemical 
tests  which  were  applied  to  the  contents  of  the  stomach 
and  duodenum,  which  were  conveyed  to  Muncy  for 
examination.  Here,  in  the  presence  of  the  scientific 
gentlemen  assembled,  two  of  the  usual  tests  were  ap- 
plied ;  first,  the  nitrate  of  silver,  which  produced  the 
yellow  precipitate,  which  should  be  produced  if  arsenic 
were  present;  and,  secondly,  the  sulphate  of  copper,  which 
produced  the  grass-green,  called  Schcele's  green,  a  paint 
with  which  many  of  you  are  familiar,  and  which  is  com- 
posed of  arsenic  and  copper.  The  results  in  these  cases 
were  such  as  should  have  been  produced,  according  to 
the  laws  of  chemistry,  if  arsenic  were  present.  These 
two  tests  are  sufiicient  of  themselves  to  establish  the 
presence  of  poison  ;  but  they  may  be  regarded  as  indica- 
tions which  should  be  considered  with  the  other  facts 
in  evidence.  A  portion  of  the  contents  of  the  stomach 
was  taken  to  Milton,  where  other  experiments  were 
made,  in  the  presence  of  Dr.  Dougal  and  Mr.  Morrison, 
a  chemist  of  that  place.  The  ammoniacal  sulphate  of  copper 
produced  the  Schcele's  green — the  sulphuretted  hydrogen 
gas  produced  the  yelloii'  sulphurct  or  orpiment,  and  this 
precipitate,  on  being  sublimed,  produced  the  metallic  ring. 
These  results  were  such  as,  by  the  laws  of  chemistry, 
ought  to  have  been  produced,  if  white  arsenic  were  pres- 


no  ELLIS  LEWIS 

ent  in  the  substance  to  which  the  tests  were  apphed. 
These  are  strong  indications  of  the  presence  of  arsenic, 
but  as  the  ring  is  not  so  clearly  exhibited  on  the  tube 
as  is  usual  in  such  cases,  and  as  no  tests  were  applied 
to  it  for  the  purpose  of  proving  it  to  be  the  metallic 
arsenic,  it  is  not  to  be  regarded  as  conclusive  evidence 
of  the  presence  of  that  poison.  The  remaining  portion 
of  the  contents  of  the  stomach  and  duodenum  were  con- 
veyed by  Mr.  Kittoe  to  Philadelphia,  and  there  in  his 
presence  and  in  the  presence  of  that  eminent  chemist, 
Dr.  Mitchell,  further  experiments  were  tried.  It  was 
discovered  in  Philadelphia  that  a  xvhite  pozvder  had  sub- 
sided, and  was  deposited  at  the  bottom  of  the  jar  which 
contained  the  fluid  intended  to  be  examined.  This  was 
supposed  to  be  the  poison.  A  portion  of  this  was  placed 
in  a  tube  and  sublimed  over  a  spirit  lamp  with  the  usual 
preparations  for  producing  the  metallic  arsenic.  A  fine 
and  well-defined  arsenical  ring  was  produced,  which  you 
have  seen  exhibited  before  you.  Some  portions  of  this 
ring  were  placed  upon  a  live  coal  and  gave  out  the 
alliaceous  odour  of  arsenic,  which  is  a  smell  somewhat 
resembling  garlic.  Other  portions  of  the  metal  were 
tested  with  the  ammoniatcd  sulphate  of  copper,  and  pro- 
duced the  Scheele's  green.  Another  portion  of  the  white 
pozvder  was  then  dissolved,  and  this  solution,  with  the 
ammoniated  sulphate  of  copper,  in  like  manner  produced  the 
Scheele's  green.  With  ammoniated  nitrate  of  silver  it  pro- 
duced the  canary  yellozv  which  is  produced  by  arsenic. 
By  the  laws  of  chemistry  this  yellow  arsenite  of  silver 
changes  its  color  by  the  action  of  light  from  yellow  to 
black,  which  you  find  from  the  specimen  exhibited  in 
the  case  here.  A  part  of  the  solution  of  the  white  powder 
found  was  then  tested  with  lime  ivater,  which  produced 
the  characteristic  results  of  arsenic,  a  ivhitc  Hocculent 
precipitate.  The  remaining  portion  of  the  solution  of  the 
white  powder  was  precipitated  by  a  stream  of  sulphuretted 
hydrogen:  the  precipitate  was  of  a  deep  sulphur  yellow, 
characteristic  of  the  presence  of  arsenic.  A  portion  of 
this  precipitate,  under  the  usual  management  for  sub- 
liming, produced  an  arsenical  ring;  the  metallic  arsenic. 
In  addition  to  all  these  experiments,  a  vial  containing  a 
portion  of  the  white  powder  itself,  as  it  was  found  in 


PRESIDENT  JUDGE  AT  WTLLIAMSPORT  iii 

the  stomach,  is  pro<hicccl  here  in  court,  subject  lo  the 
appHcation  of  any  further  test  which  may  l)e  thought 
necessary  to  determine  its  nature.  We  have,  further,  the 
opinion  of  gentlemen  of  medical  and  chemical  science 
that  this  substance  is  indubitably  arsenic,  and  that  in 
their  opinion  the  death  of  Catherine  Earls  was  caused 
by  arsenic.  To  entertain  any  doubts  upon  this  i)art  of 
the  case  after  all  this  evidence,  standing  as  it  docs  un- 
rebutted  and  unrepelled.  would  be  to  doubt  against  a 
mass  of  overwhelming  testimony;  against  the  opinions 
of  gentlemen  of  high  professional  skill,  and  against  a 
combination  of  some  of  the  highest  chemical  tests  which 
can  be  furnished  by  the  lights  of  science.  The  court  have 
no  doubt  whatever  upon  this  part  of  the  case,  and,  as  it 
belongs  to  the  department  of  medical  jurisprudence,  we 
have  deemed  it  our  duty  to  express  the  clear  conviction 
which  this  evidence  has  produced  in  our  minds.  Still 
you  will  remember  that  in  this,  as  in  all  other  questions 
in  this  cause,  you  are  the  judges.  If  you  come  to  the 
conclusion  that  her  death  was  caused  by  poison,  the  next 
inquiry  to  which  we  are  brought  is :  was  it  designedly 
caused  by  the  prisoner  at  the  bar?  This  is  a  matter  of 
fact  which  belongs  peculiarly  and  exclusively  to  you  to 
determine. 

"In  proceeding  to  determine  this  qtiestion,  you  will 
remember  that  you  cannot  convict  unless  the  chain  of 
circumstances  is  so  strong  and  so  connected  together 
as  to  exclude  every  hypothesis  but  that  of  the  guilt  of 
the  prisoner;  and  that  if  there  is  any  view  which  can 
be  taken  of  the  facts  of  the  cause  which  shall  consist 
with  his  innocence,  it  is  your  duty  to  adopt  that  view, 
and  to  render  a  verdict  in  his  favor.  The  hypothesis 
offered  by  the  prisoner's  counsel  is,  that  Catherine  Earls 
destroyed  herself — that  she  committed  the  crime  of  sui- 
cide. In  support  of  this  defence,  the  declarations  of  the 
deceased  have  been  given  in  evidence.  These  declara- 
tions may  be  directed  into  two  classes:  first,  those  indi- 
cating a  state  of  despandency  and  that  she  would  not 
live  long,  or  would  not  survive  her  approaching  con- 
finement. And,  secondly,  those  indicating  a  specific 
intention  to  destroy  herself  by  poison.  To  account  for 
the  general  declarations  of  despondency,  the  common- 


112  FXLIS  LEWIS 

wealth's  counsel  have  shown  by  two  witnesses,  Dr. 
Power  and  Dr.  Ludwig,  that  this  is  not  infrequent  with 
ladies  in  the  condition  of  pre^^nancy.  You  will  judge 
whether  these  declarations  were  produced  by  this  cause 
alone,  and  will  also  determine  whether,  if  they  were  so 
produced,  the  state  of  mind  thus  occasioned  would  be 
likely  to  continue  after  she  had  passed  in  safety  through 
the  hour  of  nature's  extremity.  The  specific  declarations 
of  an  intention  to  destroy  herself  depend  chiefly  upon 

the  testimony  of  ,  ,  ,  and,   perhaps, 

.^     If  this  evidence  is  believed,  you  verdict  ought 

to  be  in  favor  of  the  prisoner.  But  the  evidence  of  self- 
destruction  depends  mostly  upon  the  testimony  of , 

and .     In  deciding-  whether  these  witnesses 


are  to  be  believed,  you  will  take  into  consideration  the 
evidence  adduced  by  the  commonwealth  to  impeach  their 

character  for  truth  and  veracity.     So  far  as  and 

are  concerned,  no  attempt  whatever  was  made 

to  sustain  their  reputations  for  truth.  You  will  also 
compare  this  with  the  circumstances  attending  her  death 
— her  willingness  and  anxiety  to  take  remedies  to  remove 
her  complaint. 

"It  is  in  evidence  that  while  she  was  suffering  with 
pain  and  violent  vomiting,  she  declared  in  answer  to 
an  inquiry  as  to  the  cause  of  her  suffering  that  she  did 
not  know.  If  she  had  taken  the  poison  herself,  for  the 
purpose  of  self-destruction,  she  did  know  the  cause  of 
her  distress,  and  must  have  known  in  that  case  that 
she  was  shortly  to  appear  before  the  bar  of  God.  It 
would  be  singular  if,.,  at  such  a  time,  she  would  falsify. 
If  you  should  come  to  the  determination  that  she  did 
not  destroy  herself,  the  inquiry  still  remains  whether 
her  destruction  was  designedly  caused  by  the  prisoner 
at  the  bar. 

"Among  the  facts  in  support  of  the  indictment  the 
commonwealth  have  given  in  evidence  the  purchase  of 
arsenic  by  the  prisoner,  on  the  thirteenth  of  October, 
the  day  before  the  confinement  of  Catherine  Earls.  But 
the  prisoner  has  shown  that  he  was  in  the  habit  of  using 
this  drug  in  the  destruction  of  minks  which  visited  his 
fish  basket — that  he  purchased  it  at  other  times  for  this 

1  Two   of   whom   were   sisters  of   Earls'   paramour. 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  113 

purpose,  and  that  he  placed  some  upon  a  fish  in  his 
basket  the  day  before  the  death  of  his  wife.  This  evi- 
dence diminishes  the  force  of  the  evidence  arising^  from 
the  purchase  of  arsenic.  Still,  the  fact  remains  that  he 
had  the  arsenic  within  his  reach,  and  knew  its  deleterious 
properties.  And  if  the  other  evidence  in  the  cause  satis- 
fies you  that  he  used  it  for  the  purpose  of  destroying  his 
wife,  and  by  that  means  accomplished  that  object,  you 
ought  to  find  him  guilty.  If  the  other  evidence  does 
not  satisfy  you  of  his  guilt,  you  ought  to  accjuit  him. 

"As  one  of  the  links  in  the  chain  of  circumstances 
which  the  commonwealth  have  undertaken  to  establish, 
they  have  attempted  to  show  a  motive  for  the  commis- 
sion of  the  crime.  With  this  view,  evidence  was  given 
tending  to  show  that  the  prisoner's  affections  had  become 
estranged    from    his   wife — that    an    intimate   and   close 

attachment  existed  on  his  part  towards ,  and  that 

the  deceased  stood  in  the  way  of  the  prisoner,  so  that 
he  could  not  enjoy  the  gratification  arising  from  this 
improper  intimacy,  and  that  therefore,  it  is  alleged,  there 
was  a  motive  to  remove  the  deceased  out  of  the  way, 
as  an  obstacle  which  interfered  between  the  prisoner 
and  the  object  of  his  desires.  This  is  resisted  by  the 
prisoner,  on  the  ground  that  there  is  no  evidence  of  a 
marriage  in  fact  between  the  prisoner  and  the  deceased, 
and  it  is  urged  that  if  there  was  no  marriage  there  could 
be  no  motive  to  dissolve  it.  It  is  in  evidence  that  the 
prisoner  and  the  deceased  lived  and  cohabited  as  man 
and  wife  for  more  than  fifteen  years !  that  they  were, 
during  that  time,  the  parents  of  seven  children,  and  that 
they  were  constantly  recognized  by  each  other  as  hus- 
band and  wife.  This  evidence  is  not  rebutted  by  any 
counter  evidence.  The  court  have  already  instructed 
you  that  the  prisoner  is  to  be  presumed  innocent  of  all 
crime  until  his  guilt  is  established  by  evidence.  That 
principle  will  apply  to  this  part  of  the  case.  The  pre- 
sumption is  that  this  cohabitation  was  an  innocent 
cohabitation,  in  accordance  with  the  laws  of  the  land, 
and  therefore  it  was  under  the  sanctity  of  matrimonial 
obligation.  It  is  not  to  be  presumed,  without  evidence, 
that  these  parties  were  living,  during  all  this  period  of 
time,  in  open  adultery  and  in  violation  of  the  law.     If, 


114  ELLIS  LEWIS 

therefore,  the  attachment  to  is  shown  to  be  so 

strong  as  alleged,  there  is  sufficient  evidence  of  the  mar- 
riage with  the  deceased  to  make  out  the  motive  assigned. 
The  jury  will  bear  in  mind  that  the  motive  is  only  one 
link  in  the  chain  of  circumstances,  and  that  the  intimacy 

with  ,  no  matter  how  criminal  it  may  have  been, 

is  not  to  be  regarded  as  proof  that  the  prisoner  is  guilty 
of  the  crime  charged  in  the  indictment.  One  crime  is 
not  to  be  inferred  from  the  existence  of  another. 

"The  jury  will  determine  from  the  evidence  whether 
the  prisoner  seriously  attempted  to  escape  from  those 
who  had  him  in  custody  on  this  charge.  If  the  prisoner 
made  a  serious  attempt  to  fly  from  the  justice  of  his 
country,  it  may  be  regarded  as  a  circumstance  against 
him,  because  the  'guilty  flee  when  no  one  pursueth.' 

"We  have  now,  gentlemen,  discharged  the  last  duty 
imposed  upon  us  until  your  verdict  shall  require  other 
at  our  hands,  imparting  Freedom  or  Death  to  the  pris- 
oner at  the  bar.  In  the  language  of  the  law,  and  in  the 
language  of  the  counsel  for  the  prisoner,  he  has  placed 
himself  upon  God  and  his  country.  You  are  that  coun- 
try. If  innocent,  he  is  entitled  to  a  speedy  deliverance 
— if  guilty,  the  obligation  you  have  taken  require  you  to 
say  so.  May  that  Omniscient  Judge,  at  whose  dread 
chancery  we  all  must  answer  for  our  proceedings  here, 
guide  you  to  a  righteous  and  correct  determination  of 
this  all-important  cause.  Gentlemen,  the  cause  is  with 
you."   ■ 

The  jury  found  the  prisoner  guilty,  and  Judge  Lewis 
pronounced  the  sentence,  which  follows :  "The  court 
cannot  conceal  their  deep  and  unutterable  emotions  at 
the  melancholy  predicament  in  which  you  are  placed. 
They  sympathize  deeply  with  you  and  with  the  innocent 
little  ones  who  still  cling  around  you  in  this  distressing 
hour  of  extremity.  Whatever  you  may  suggest  for  their 
welfare  and  protection  will  be  cheerfully  and  faithfully 
attended  by  the  court.  Painful  as  may  be  the  task, 
and  deeply  as  we  are  affected  on  this  solemn  occasion, 
we  are  required  to  perform  our  last  melancholy  duty 
in  this  cause  by  pronouncing  the  sentence  of  the  law. 

"You  have  been  charged  with  the  crime  of  wilful  and 
deliberate  murder.     The  humanity  of  the  law  extended 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  115 

to  you  the  privilege  of  twenty  peremptory  challenges, 
without  assigning  any  cause  whatever,  and  as  many 
more  as  you  could  assign  cause  for.  You  enjoyed  the 
full  benefit  of  this  humane  provision,  and  a  jury  was 
thus  empannelled  of  your  own  selection.  You  have  had 
the  benefit  of  able  and  distinguished  counsel,  whose 
zealous  and  talented  exertions  in  your  behalf  have  done 
honor  to  their  heads  and  hearts.  In  the  progress  of  the 
cause,  all  doubtful  questions  which  arose  were  uniformly 
solved  in  your  favor.  If  you  offered  evidence  of  doubt- 
ful admissibility,  your  evidence  was  uniformly  received. 
If  the  commonwealth  offered  similar  evidence  and  you 
objected  to  its  admission,  such  evidence  was  uniformly 
rejected.  If  you  offered  evidence  out  of  its  proper  order 
in  time,  it  was  discretionary  with  the  Court  to  receive 
or  reject  it,  but  your  evidence  was  constantly  received. 
And  in  accordance  with  another  humane  provision  in 
the  law,  the  jury  were  instructed  that  if  they  entertained 
reasonable  doubts  of  your  guilt,  those  doubts  entitled 
you  to  a  verdict  of  acquittal.  You  have  therefore  had 
as  full  and  fair  a  trial  as  the  laws  of  the  country  ever 
extend  to  any  individual  whatever. 

"Of  all  crimes,  that  of  wilful  and  deliberate  murder 
is  perhaps  the  most  foul  and  unnatural.  Of  all  means 
by  which  a  deed  so  dire  can  be  committed,  that  of 
POISON  evinces,  perhaps,  the  most  cold-blooded  delibera- 
tion. Of  all  persons  who  may  be  the  subject  of  this 
crime,  the  wife  of  your  bosom — the  mother  of  your 
children — the  partner  of  your  lot — whose  name  and 
whose  civil  existence  was  merged  in  your  own,  should 
have  been  the  last  to  be  thus  destroyed  in  tlie  hour 
of  unsuspecting  confidence.  Of  all  occasions  for  a  deed 
so  dreadful,  the  selection  of  that  period  when  she  was 
prostrated  upon  the  bed  of  her  confinement,  with  the 
new-born  babe  in  helpless  infancy  by  her  side,  manifests 
'a  heart  the  most  regardless  of  social  duty  and  fatally 
bent  on  mischief.'  Of  such  a  murder,  and  with  such 
attending  circumstances,  a  jury  of  your  country  have 
pronounced  you  guilty. 

"It  was  a  deed  of  darkness — but.  as  if  the  finger  of 
Providence  had  interposed,  in  accordance  with  that  well- 


ii6  ELLIS  LEWIS 

established  truth  that  'murder  will  out/  public  suspicion 
was  aroused.  The  grave  gave  up  its  contents — the  heart 
whose  affections  had  clung  around  you  for  more  than 
fifteen  years,  was  the  first  to  proclaim,  by  its  ventricles 
filled  with  blood,  that  its  pulsations  had  been  suddenly 
arrested  by  the  operation  of  some  sudden,  violent  and 
unnatural  cause.  The  chemical  affinities  of  nature's 
elements  rushed  together  to  confirm  the  charge,  and  to 
identify  the  poisonous  drug  by  which  the  life  of  this 
unhappy  woman  was  destroyed.  The  solemn  spectacle 
this  day  presented  may  be  a  lesson  to  all  around,  and 
to  those  who  follow  us  in  all  time  to  come,  that  no  deed 
of  dark  iniquity  can  hope  to  escape  detection.  As  your 
time  must  necessarily  be  short  in  this  world,  you  are 
admonished  to  prepare  to  appear  at  the  bar  of  that 
Almighty  Judge,  whose  Omniscience  enables  him  to  dis- 
tinguish with  unerring  certainty  the  innocent  from  the 
guilty.  IVe  are  to  take  the  verdict  as  establishing  your 
guilt  with  absolute  certainty,  and  must  proceed  to  pro- 
nounce the  sentence  of  the  law,  which  is  that  you,  John 
Earls,  be  taken  hence  to  the  place  from  whence  yon  came, 
within  the  jail  of  the  county  of  Lycoming,  and  from  thence 
to  the  place  of  execution,  within  the  zvalls  or  yard  of  the  said 
jail;  and  that  you  be  there  hanged  by  the  neck  until  you  are 
DEAD  !    And  may  God  have  mercy  upon  your  soul." 

The  case  was  appealed  to  the  Supreme  Court,  which 
in  April  denied  the  appeal,  and  on  the  21st  of  May, 
three  days  before  the  execution,  the  prisoner  made  a 
full  confession  of  the  deed.  As  has  been  intimated,  the 
proceedings  were  published,  and  it  may  be  added  that 
this  was  done  to  procure  a  fund  to  care  for  the  orphaned 
children.  The  charges,  instructions  and  sentence  of  the 
court  are,  in  a  sense,  a  climax  in  Judge  Lewis'  experi- 
ences on  the  bench  of  the  Eighth  District.  It  illustrates 
qualities  of  mind,  heart  and  character  at  this  period,  at 
his  best,  and  happily  pictures  his  qualities  as  a  judge. 
It  also  shows  him  in  the  field  of  medical  jurisprudence, 
in  which  he  became  greatly  interested  and  well-informed, 
as  shall  presently  appear.  Beck's  Medical  Jurisprudence, 
edition  of  1851,  says  of  this  trial:  "I  know  of  no  case 
to  which   I  would  sooner  refer  than  this  as  a  proof  of 


PRESIDENT  JUDGE  AT  WTLLIAMSPORT  117 

the  advanced  state  of  medical  jurisprudence  in  this 
country."' 

It  was  during  1837  that  Secretary  of  War  Poinsett 
appointed  Judge  Lewis  on  the  board  of  visitors  to  the 
West  Point  Military  Academy.  By  their  plan  of  or- 
ganization the  Judge  was  made  chairman  of  the  sub- 
committee on  the  department  of  moral,  religious  and 
political  instruction,  and  in  the  report  which  he  wrote 
questioned  the  result  of  instruction  in  constitutional  law ; 
"while  the  subject  of  national  law,"  said  he,  "is,  for  the 
same  reason,  entirely  omitted  in  the  present  course  of 
studies."  He  then  notes  that  the  "science  of  war"  is 
a  prescribed  study.  "This  branch  of  education  may  be 
well  understood  to  extend  not  only  to  those  principles 
of  the  law  military  which  regulate  the  rights  and  duties 
of  the  officer  and  the  soldier,  but  to  the  fundamental 
doctrines  of  international  law,  which,  having  been 
adopted  as  the  rules  of  action  by  all  civilized  nations, 
regulate  their  mode  of  warfare,  and  distinguish  it  from 
the  cruel  butcheries  of  the  savage.  War,  under  any  cir- 
cumstances, is  one  of  the  greatest  calamities  which  can 
befall  a  nation.  If  it  must  exist,  it  is  surely  the  duty 
of  every  people  to  mitigate  its  evils  by  requiring  that 
it  shall  be  conducted  according  to  the  law  of  arms 
among  civilized  nations.  Every  cadet  is  intended  to 
be  qualified  for  command ;  and  every  commander  may, 
in  the  ordinary  prosecution  of  his  duty,  be  placed  in 
a  situation  where  ignorance  of  international  law  would 
be  an  unpardonable  disqualification  for  the  discharge 
of  his  military  duty.  This  discjualification  might  betray 
him  into  acts  which  would  involve  his  country  in  war, 
and  tarnish  the  laurels  won  by  his  bravery.  The  value 
of  this  branch  of  education  is  acknowledged  in  civil 
pursuits;  in  military  life,  it  appears  to  the  committee 
to  be  of  still  greater  importance;  and  that  it  should 
receive  its  due  attention  in  this  institution  cannot  be 
too  strongly  urged  upon  the  War  Department."  He 
also  urged  the  study  of  military  law  as  equally  important 
to  internal  conditions. - 

An  amusing  but  significant  incident,  showing  how 
widely  popular  his  ideas  as  a  judge   had  become   even 

>Vol.   II,  p.   546. 

*  The  Democratic  Review,  1847,  p.  361. 


ii8  ELLIS  LEWIS 

at  this  time,  occurred  about  two  years  after  the  above 
case  was  tried.  Early  in  1838,  shortly  before  the  Iowa 
Territory  was  cut  out  of  Wisconsin  on  June  12th  fol- 
lowing, and  when  courts  were  not  yet  ready,  two  men 
were  caught  charged  with  passing  counterfeit  money. 
Dubuque  was  then  a  frontier  settlement  only  five  years 
old — established  the  very  year  that  Ellis  Lewis  became 
a  judge  in  "the  far  east."  "As  the  people  had  no  other 
court  in  operation  at  the  time,  what  is  known  as  a  lynch 
court  was  constituted.  It  consisted  of  a  sort  of  town 
meeting,  with  a  gentleman  of  the  name  of  Peter  Hill 
Engle  acting  as  president.  The  two  men  accused  were 
fairly  tried  and  convicted.  The  testimony  against  one 
of  them  was  perfectly  clear;  he  had  passed  a  number 
of  spurious  notes,  and  had  a  large  quantity  in  his  pos- 
session. He  was  sentenced  to  receive  a  certain  number 
of  lashes,  as  there  were  no  jails  or  penitentiaries.  The 
other  convict  had  passed  no  spurious  notes,  nor  had  any 
been  found  in  his  possession ;  on  the  contrary,  all  the 
money  in  his  possession,  amounting  to  eight  hundred 
dollars,  was  admitted  to  be  genuine.  But  the  evidence 
was  that  the  two  had  lodged  at  the  same  inn  the  night 
before,  and  had  travelled  together  that  day.  This  primi- 
tive tribunal  drew  the  inference,  from  the  circumstances, 
that  one  passed  the  notes,  and  the  other  was  the  treasurer, 
to  take  charge  of  the  genuine  money  received  in  their 
business  operations.  The  one  found  guilty  of  being  the 
treasurer  of  the  company  immediately  appealed  from  the 
decision.  On  being  asked  to  what  tribunal  he  appealed, 
he  paused  a  moment,  and  then  answered :  T  appeal  to 
Judge  Lewis,  of  Pennsylvania.'  " 

"The  record,  with  the  evidence,"  says  David  Paul 
Brown,  who  gives  the  incident  in  his  Forum,  "was 
accordingly  certified  to  Judge  Lewis,  by  President 
Engle,  with  his  written  opinion,  giving  the  reasons  of 
the  court  for  the  decision.  The  defendant,  whose  name 
was  Titus  Losey,  had  been  sentenced  to  pay  a  fine  of 
eight  hundred  dollars,  and  the  record  showed  that  the 
fine  had  been  collected.  Judge  Lewis  entertained  the 
jurisdiction,  and  gave  a  written  opinion  that  the  mere 
circumstance  of  being  found  in  company  with  a  counter- 
feiter was  not  sufficient  to  repel  the  general  presump- 


PRESIDENT  JUDGE  AT  WILLI AMSPORT  119 

tion  of  innocence  ;  that  man  was  naturally  a  social  ani- 
mal ;  that  this  feeling  would  be  manifested  more  readily 
where  two  strangers  meet  in  a  new  country,  and  hap- 
pened to  lodge  in  the  same  inn,  and  to  be  journeying 
in  the  same  direction.  On  the  whole  evidence,  the 
judgment  below  was  reversed,  and  restitution  of  the 
fine  (which  had  been  collected)  awarded.  The  record 
was  duly  remitted  to  Judge  Engle,  to  be  carried  into 
execution,  and  the  decision  was  promptly  obeyed  and 
the  money  refunded."^ 

During  the  year  1838  occurred  an  event  that  had  a 
most  important  bearing  upon  the  career  of  the  President 
of  the  Eighth  District.  His  predecessor  had  practically 
spent  his  entire  active  life  in  that  position,  and  Judge 
Lewis  might  have  followed  a  like  course  had  not  popular 
discontent  with  some  features  of  the  current  State  con- 
stitution been  coming  to  a  climax  since  long  before  he 
came  to  the  bench.  A  vote  had  been  provided  for  when 
Governor  Wolf  had  signed  the  act  of  April  14,  1835, 
and  the  people  had  voted  86,570  to  73,166  for  revision 
of  the  constitution.  A  call  was  issued  by  Governor 
Ritner  on  March  29,  1836,  and  the  convention  opened 
May  2,  1837.  The  result  was  ready  for  ratification  at 
the  October  election  of  1838,  when  the  "Constitution  of 
1838" — as  it  is  sometimes  called,  although  more  properly 
the  "Amendments  of  1838  to  the  constitution  of  1791" — 
was  adopted  by  a  bare  majority  of  1212  votes.  The 
counties  which  went  against  it  were  Cambria,  Chester, 
Dauphin,  Delaware,  Franklin,  Huntingdon,  Indiana, 
Juniata,  Lancaster  (by  the  largest  majority  of  all), 
Lebanon,  Lehigh.  ^lifflin,  Montgomery.  Northampton, 
Northumberland,  Perr}',  Philadelphia,  Schuylkill,  Somer- 
set, Union  and  York.^  And  what  was  the  meaning  of 
this  change  in  the  old  constitution?  "This  instrument," 
said  Governor  Porter,  who  came  to  the  executive  chair 
in  the  upheaval,  which  was  accompanied  by  "The  Ruck- 
shot  War;  or  The  Last  Kick  of  Anti-Masonry" — to  use 
a  current   title  of  the  day'' — "gives  to  popular  suffrage 

'  The  Forum,  \o\.  II.  p.  120.  Mr.  Brown  is  in  error  as  to  the  date,  as 
he  is  in  placin^r  I.ancaster  in  the  Eighth  District,  and  his  service  there  at 
twelve  years.  The  incident  was  evidently  procured  from  Lewis  himself,  who 
was  living  at  the  date  of   Prown's  article. 

-  "Proceedings  and   Debates,"   1837,   p.  261. 

^  "Life  and  Speeches  of  Thomas  Williams,"  1806-1872,  by  Burton  Alva 
Konkle,   Vol.   I,   p.    120,   et  al. 


120  ELLIS  LEWIS 

the  decision  of  many  appointments  heretofore  vested  in 
the  executive,  and  changes  the  duration  of  the  judicial 
tenure  from  that  of  good  behavior  to  a  term  of  years. 
It  shortens  the  period  of  eligibiHty  to  the  executive 
chair,  and  reduces  the  Senatorial  term,  enlarges  the  right 
of  suffrage,  and  changes  other  provisions,  all  of  which 
are  important  in  the  conduct  of  the  government  of  the 
State."^  In  other  words,  it  was  a  victory  for  popular 
suffrage  and  an  effort  to  strike  a  blow  at  the  political 
system  which  centralized  so  much  patronage  in  the 
gubernatorial  office.  It  was  also  a  long  Jeffersonian  step 
toward  making  the  judiciary  responsible  to  the  people 
alone.  It  was  an  echo  of  the  contest  between  the  con- 
stitution of  1776  and  that  of  1790.  In  the  convention 
a  delegate  from  Philadelphia  stated  that  Pennsylvania 
had  had  the  limited  tenure ;  "The  people  have  never 
asked  a  change  in  that  system,"  he  exclaimed.  "In 
Pennsylvania  it  was  changed  by  an  act  of  usurpation 
in  1790;  and  the  people,  ever  discontented  with  the 
change,  are  now  about  to  right  themselves."  "I  con- 
fidently trust,"  he  continued,  "that  Pennsylvania  is  now 
about  to  return  to  the  virtuous  institutions  of  which  she 
was  wrongfully  deprived ;  and  I  look  forward  with  hope 
and  confidence  for  the  day  when  there  will  not  exist 
a  life  officer  in  the  United  States  of  America."-  The 
second  section  of  the  fifth  article,  as  amended,  provided 
that  the  president  judges'  terms  should  be  ten  years  and 
the  schedule  of  inauguration  of  the  amended  instrument 
provided,  among  other  things,  that  the  commissions  of 
such  judges  as  had  not  yet  served  ten  years  should  expire 
on  the  27th  of  February  next  following  the  expiration 
of  his  decade  of  service.  Judge  Lewis,  therefore,  knew 
that  as  his  decade  would  close  in  October,  1843,  his 
commission  would  expire  on  February  27,  1844. 

Probably  the  most  notable  of  the  cases  which  came 
before  him  in  the  Eighth  District  was  one  of  both 
national  and  international  interest,  which  was  tried  near 
the  close  of  his  decade  there.  In  August,  1842,  a  case 
came  before  Judge  Lewis'  court  at  Williamsport  in 
which  a  Baptist  minister  by  the  name  of  Hall  asked  for 
protection  against  the  threats  of  a  man   named  Arm- 

^  Governor  Porter's  Message  of  January  15,   1839. 
^  "Proceedings  and  Debates,"  1838,  \'ol.  X,  p.  192. 


The   Lewis    Home   in    Williamsport,    1'ennsylvania 
From  a  daguerreotype  in  possession  of  Miss  Josephine  Lewis, 

I'liil.-idcliihia 


PRESIDENT  JUDGE  AT  WILLI AMSPORT  121 

strong,  because  the  latter's  daughter,  a  minor,  who  had 
been  baptized  in  her  mother's  faith  (  Presbyterian)  had 
been  re-baptized  by  immersion  l)y  Hall,  against  the 
father's  absolute  prohibition.  The  court  i)laced  the 
father  under  l)on(ls  to  keep  the  peace,  but  also  found 
Hall's  action  unlawful.  After  treating  of  the  nature  of 
parental  authority,  and  quoting  Dr.  Adam  Clark's  com- 
mentaries, Paley's  Ethics,  and  President  Wayland,  of 
Brown  University,  he  shows  the  common  law  on  the 
subject.  Even  "the  highest  judicial  power  in  the  com- 
monwealth," said  Judge  Lewis,  "dare  not  attempt  to 
estrange  the  child  from  the  religious  faith  of  its  parents. 
Shall  this  power  be  exercised  by  a  i)rivate  individual 
because  he  happens  to  be  a  minister  of  the  gospel !  Shall 
any  man,  high  or  low,  be  allowed  to  invade  the  domestic 
sanctuary  —  to  disregard  the  parental  authority  estab- 
lished by  the  Almighty,  to  set  at  naught  the  religious 
obligations  incurred  in  behalf  of  the  child  at  its  baptism 
— to  seduce  it  away  from  its  filial  obedience — or  even  to 
participate  in  its  disregard  of  parental  authority,  for  the 
purpose  of  estranging  it  from  the  faith  of  its  parents, 
or  introducing  it  into  a  religious  denomination  different 
from  that  to  which  its  parents  belong?  God  forbid  that 
the  noblest  and  holiest  feelings  of  the  human  heart 
should  be  thus  violated — that  the  endearing  relations  of 
parent  and  child  should  be  thus  disturbed — that  the 
harmony  of  the  domestic  circle  should  be  thus  broken 
up — and  that  the  family  altar  itself  should  be  thus  ruth- 
lessly rent  in  twain  and  trodden  in  the  dust. 

"One  of  the  members  of  this  court  is  a  minister  of 
the  gospel  of  the  Methodist  persuasion,  and  he  makes 
no  claim  in  behalf  of  that  denomination  to  the  exercise 
of  any  such  authority.  Another  of  the  judges  is  attached 
to  the  Episcopal  church,^  and  he  repudiates  every  pre- 
tence of  such  a  claim  on  behalf  of  that  church  —  the 
remaining  judge  belongs  to  no  particular  religious  de- 
nomination, and  he  denies  to  all  alike  the  exercise  of 
any  such  power.  No  member  of  this  court  belongs  to 
either  of  the  religious  societies  whose  rights  have  been 
brought  into  confiict  in  this  investigation.  This  decision 
must  therefore  be  free  from  denominational  influences. 


*  Judge  Lewis  himself  left  the  Friends  and  was  at  this  time  a  vestryman  of 
the  Episcopal  Church  at  Williamsport. 


122  ELLIS  LEWIS 

It  is  as  niucli  in  i)rotection  of  parental  authority  among" 
the  Baptists  as  it  is  in  affirmance  of  similar  rights  among 
the  Presbyterians.  The  principle  of  parental  authority 
and  filial  obedience  has  its  home  in  the  human  heart — 
is  in  accordance  with  the  law  of  nature,  and  will  ever 
be  near  and  dear  to  every  good  man  of  every  religion 
under  the  sun.  It  has  already  been  remarked  that  there 
is  no  limit  to  that  authority  save  that  which  is  neces- 
sary for  the  preservation  of  the  health  and  morals  of 
the  child.  Without  the  slightest  disrespect  for  the 
Baptists,  for  whom  there  is  every  respect  for  their 
virtues  and  piety,  it  may  safely  be  affirmed  that  the 
morals  of  the  child  were  not  endangered  by  remaining 
within  the  folds  of  the  Presbyterian  church,  in  which 
it  had  been  baptized,  and  to  which  its  mother  belonged. 
There  was  therefore  no  just  ground  for  interfering  with 
the  parents"  authority,  or  for  participating  in  the  act 
of  filial  disobedience  committed  by  the  child.  The  pro- 
ceeding cannot  be  justified  under  any  claim  founded 
upon  the  rights  of  conscience.  The  child  whose  con- 
science stimulates  it  into  open  rebellion  against  the 
lawful  authority  of  its  father,  stands  more  in  need  of 
proper  instruction  and  discipline  under  that  authority 
than  any  other.  If  every  child,  under  a  claim  founded 
on  the  supposed  rights  of  conscience,  were  allowed  to 
carry  into  effect  every  decision  of  its  immature  judgment 
where  is  this  to  end?  Who  shall  prescribe  limits  to  the 
crude  conceptions  of  its  youth  and  inexperience? — shall 
it  be  allowed,  vmder  this  pretence,  to  violate  the  law  of 
God? — to  repudiate  the  Christian  religion?  to  become  a 
Jew  or  a  Mohammedan?  Or,  retaining  the  Christian 
name,  shall  it  be  allowed  to  mingle  with  the  Battle-axe 
community,  who  make  it  a  matter  of  conscience  to  dis- 
regard the  holy  institution  of  marriage?  Or,  upon  this 
pretence,  shall  the  beloved  daughter  of  a  Christian 
parent,  in  a  moment  of  delusion,  and  in  the  tender  years 
of  her  minority,  be  allowed  to  become  one  of  the  secret 
wives  of  the  Mormon  prophet? 

"It  is  dangerous  to  depart  from  established  principles. 
Parental  authority  is  not  to  be  subverted  so  long  as  it 
is  exercised  within  the  limits  which  the  law  has  pre- 
scribed.     It   is   the   duty   of  the  parent   to  regulate  the 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  123. 

conscience  of  the  child  by  a  proper  attention  to  its 
education ;  and  there  is  no  security  for  the  offspring 
during  the  tender  years  of  its  minority  but  in  obedience 
to  the  authority  of  its  parents,  in  all  things  not  injurious 
to  its  health  or  morals. 

"We  wish  it  to  be  distinctly  understood  that  no 
imputations  are  cast  upon  the  motives  of  Rev.  Mr. 
Hall.  We  believe  that  he  acted  conscientiously  as  he 
conceived  to  be  right.  But,  in  our  opinion,  he  has 
transcended  the  divine  and  human  law  in  disregarding 
the  authority  of  the  father  over  his  offspring  while  in 
its  minority.  This  is  the  opinion  of  the  constitutional 
authority — the  result  of  our  conscientious  convictions  of 
the  law,  and  it  is  hoped  that  he  will  feel  himself  bound 
to  respect  it  accordingly  in  any  after  proceedings.  In 
refusing  to  render  to  Caesar  the  things  that  are  Caesar's, 
he  has  fallen  under  the  condemnation  of  the  law.  It 
is  therefore  ordered  that  he  pay  the  costs  on  this 
application."' 

"This  opinion,"  says  an  editorial  in  the  Daily  Pcnnsyl- 
vanian,"  "was  republished  almost  universally  throughout 
this  country,  with  the  cordial  approbation  of  every 
religious  denomination,  except  a  few  of  those  who 
belonged  to  that  of  the  offending  preacher.  The  Roman 
Catholics  themselves  were  among  the  loudest  in  their 
tones  of  approbation.  The  Hon.  Joseph  R.  Chandler, 
then  editor  of  the  United  States  Gazette,  took  occasion  to 
say  that  his  impressions  were  decidedly  with  Judge 
Lewis.  Mr.  Chandler  is  an  eminent  and  intelligent 
Roman  Catholic,  and  now  represents  this  country  at 
Naples.  But  this  is  not  all.  We  have  been  informed  that 
a  Roman  Catholic  of  the  highest  ecclesiastical  standing 
in  this  country  published  a  work  in  which  the  decision 
of  Judge  Lewis  was  cited  with  the  cordial  endorsement 
of  the  author.  That  work,  in  the  Latin  language,  has, 
it  is  said,  for  years  formed  part  of  the  Pope's  library, 
and  the  Pope  himself  has  referred  his  American  priests 
to  the  book  and  to  the  decision  in  terms  of  the  highest 
gratification."  As  soon  as  it  was  published  Chancellor 
James  Kent  made  a  note  of  it  for  a  revised  edition  of 
his  commentaries  and  wrote  Judge  Lewis  that  he  had 

'  United   States  Criminal    Law.     Lewis,   pp.  20-24. 
-  I'hiladclpliia,   December  30,   1858. 


124  ELLIS  LEWIS 

done  so,  "as  a  just  explanation  and  application  of  the 
parental  authority,  to  a  case  like  the  one  before  you."^ 
Robert  C.  Grier,  afterwards  of  the  Supreme  Court, 
called  it  "clear  as  a  demonstration,  and  the  conclusion 
incontrovertible,  by  any  who  acknowledge  themselves 
bound  by  the  law  of  the  land,  or  the  word  of  God 
:;=  -'f  :i:  ."2  y^hiie  Prcsidcnt  Wayland  described  it  as 
"sound  in  principle  and  impartial  in  spirit."^ 

At  this  point  it  is  necessary  to  glance  at  his  relations 
to  politics,  in  order  to  understand  the  changes  that 
accompanied  the  expiration  of  his  commission.  His  well- 
known  friendship  for  Governor  Wolf  led  to  his  being 
invited  to  write  a  sketch  of  him  in  1835 — after  he  had 
been  something  over  two  years  on  the  bench — for  Long- 
acre's  Portrait  Gallery  of  Distinguished  Americans.  In  this 
he  says :  "Although  Governor  Wolf  was  a  supporter  of 
General  Jackson  on  each  of  the  occasions  when  that 
individual  was  before  the  American  people  for  the  dis- 
tinguished station  of  President  of  the  United  States,  still, 
there  were  some  important  measures  of  public  policy  in 
which  he  entertained  opinions  somewhat  at  variance  with 
those  of  the  President.  Believing  the  United  States 
Bank  to  possess  a  salutary  influence  in  regulating  the 
currency  of  the  country,  he  approved  and  signed  a  reso- 
lution of  the  Pennsylvania  Legislature  in  favor  of  re- 
chartering  that  institution.  After  the  publication  of 
General  Jackson's  celebrated  veto,  and  during  the  prog- 
ress of  the  electioneering  campaign,  some  of  the  friends 
of  the  bank  endeavored  to  procure  from  the  Governor 
an  expression  of  opinion  adverse  to  the  reelection  of 
General  Jackson.  But  Governor  Wolf's  opinion  of  the 
qualifications  of  Andrew  Jackson  for  the  presidency,  at 
that  critical  period  of  the  history  of  the  country,  did  not 
depend  upon  the  views  entertained  by  the  General  on 
the  bank  question.  Under  these  circumstances,  the 
friends  of  the  bank  in  Pennsylvania,  in  order  the  more 
effectually  to  reach  General  Jackson,  at  the  election 
which  was  td  take  place  in  November,  1832,  united  with 

'  The  letter  was  dated  "New  York,  October  5,  1842."  The  note  is  on  pp. 
262-3  of  Kent's  Commentaries,  edition  of  1844,  where  he  refers  to  Judge  Lewis' 
"learned  examination  of  the  subject."  Brown's  Forum  also  gives  the  de- 
cision in  full  with  extended  comments  on  it  in  Vol.   II,  pp.   123-8. 

-  Letter  of  October  14,  1842. 

'  United  States  Criminal  Law.    Lewis,  p.  24. 


PRESIDENT  JUDGE  AT  WILLIAMSPORT  125 

the  Anti-Masonic  and  Anli-Improvement  party  in  oppos- 
ing the  reelection  of  Governor  Wolf,  which  took  place 
in  the  October  preceding-.  Notwithstanding  this  pro- 
cedure on  the  part  of  the  friends  of  the  bank,  Governor 
Wolf,  on  his  reelection,  in  his  first  message  to  the  Legis- 
lature, reiterated  his  opinions  in  favor  of  the  United 
States  Bank."' 

On  March  15th  of  the  year  this  sketch  was  written, 
Judge  Lewis,  while  visiting  at  Bethlehem,  Pennsylvania, 
drafted  a  letter  to  Van  Buren,  in  which  he  refers  to  a 
conversation  they  had  had  in  '33,  on  the  situation  in 
Pennsylvania.-  He  had  predicted  all  that  had,  by  1835, 
come  to  pass — namely,  that  Pennsylvania  would  ulti- 
mately favor  Van  Buren  for  President.  "As  one  of  the 
many  htunble  instruments  in  the  hands  of  the.  people," 
Judge  Lewis  continues,  "I  have  contributed  my  mite  to 
produce  this  result.  It  is  a  result  which  accords  with 
my  feelings  and  is  sanctioned  by  my  best  judgment. 
Surrounded  as  every  influential  man  must  be  with  thou- 
sands of  greedy  office-hunters  seeking  their  own  advance- 
ment more  than  the  public  interest,  it  must  be  gratifying 
to  receive  a  line  occasionally  from  an  individual  who 
has  no  request  to  make  either  for  himself  or  friends. 
There  is  no  office  either  in  the  General  or  State  govern- 
ment which  I  would  accept  in  exchange  for  the  one  I 
already  hold.  You  may  therefore  place  my  agency  in 
the  support  I  have  given  to  your  nomination  entirely  to 
the  account  of  public  interest.  The  first  object  I  had  in 
view  was  the  nomination  of  Gov.  Wolf.  The  interests 
of  internal  improvement  and  education  required  this. 
If  Wolf  is  not  sustained  in  his  fearless  course  on  these 
subjects  the  example  will  be  dangerous  and  demoralizing 
in  its  influence  upon  all  public  men  in  time  to  come. 
The  people  should  so  act  in  reference  to  their  public 
men  as  to  teach  and  keep  teaching  the  lesson  that  public 
men  will  always  be  sustained  while  they  act  with  a  firm 
and  fearless  devotion  to  the  public  interest.     The  next 

'Vol.  II,  closing  sketch.  It  was  not  until  1873  that  the  authorship  of 
this  and  its  companion  sketches  were  generally  known.  On  October  29th, 
of  that  year,  John  Jay  Smith,  Ksq.,  one  of  the  writers,  with  the  aid  of  the 
daughter  of  James  \\.  Longacre,  Mrs.  John  F.  Keen,  gave  a  communication 
to  the  I'hiladclphia  Press,  in  which  a  nearly  complete  list  of  writers  of  the 
articles  are  given  and  the  sketch  of  Wolf  is  given  as  the  work  of  Judge  Ellis 
Lewis   of    Williamsport.. 

^  The  introductory  paragraph  is  given  elsewhere  in  this  volume. 


126  ELLIS  LEWIS 

ol)jcct  I  had  at  heart  was  your  nomination  for  President. 
In  tliis  I  am  free  to  say  that  there  was  nothing  of  per- 
sonal fceUng  involved.  It  was  a  matter  of  principle  alone. 
1  approve  the  measures  of  General  Jackson's  administra- 
tion and  I  think  that  you  are  the  man  most  likely  of 
all  others  to  perpetuate  and  sustain  them.  In  this  view 
I  am  sincerely  desirous  of  seeing  you  elevated  to  the 
Presidency  and  have  no  doubt  of  your  ability  to  do 
honor  to  the  station. 

"Your  nomination  has  been  made  by  83  delegates 
who  were  sincerely  and  truly  the  friends  of  Gov.  Wolf 
— 67  would  have  been  sufficient  to  make  the  nomina- 
tion in  a  convention  of  133,  but  83  united  in  the  measure. 
Those  who  claim  to  be  your  exclusive  friends — who  say 
they  enjoy  your  exclusive  confidence — did  not  participate 
in  the  nomination.  The  nomination  was  made  by  men 
attached  to  union  &  harmony — men  who  are  sincere  in 
their  determination  to  sustain  both  candidates  named. 
Why  ought  there  to  be  any  further  discord  between  your 
friends  &  those  of  Gov.  Wolf?  Thus  far  the  discord 
may  have  answered  one  good  purpose.  /  zvill  not  say  that 
it  has  not  aided  me  in  bringing  about  the  result  I  had  in  viezv 
before  I  left  home.  But  I  am  certain  that  every  step,  it 
progresses  further  zvill  produce  utter  ruin,  so  far  as  our 
national  politics  are  concerned}  It  can  do  no  good — it  must 
do  harm.  You  know  that  there  has  arisen  a  mutual 
distrust  between  the  friends  of  the  State  administration 
and  those  claiming  to  be  your  exclusive  friends.  This 
distrust  ought  to  cease — and  the  evidences  of  it  ought 
to  be  no  longer  furnished  by  either  party  to  the  other. 
The  officers  of  the  general  government  (with  one  excep- 
tion *  *  *  )  ^iXid  the  applicants  for  office  to  that 
government,  whenever  they  acted  as  delegates  at  the 
late  convention,  acted  against  Gov.  Wolf.  [Here  fol- 
lows mention  of  names  and  actions  in  detail.]  *  *  * 
These  are  only  a  few  instances.  But  many  more  might 
be  named.  The  conduct  of  these  men  is  calculated  to 
induce  a  belief  that  there  is  an  influence  at  Washington 
hostile  to  the  State  administration.  As  these  men  pro- 
fess friendship  for  you  it  is  calculated  to  create  an 
impression  that  you  have  some  agency  in  their  proceed- 

'  What  this  reference  is  there  have  been  no   means  of  discovering. 


PRESIDENT  JUDGE  AT  VVILLIAMSPORT  127 

ings.  Every  one  justly  or  unjustly  is  thus  made  to 
suffer  for  the  conduct  of  his  friends.  Do  you  know  of 
any  means  to  induce  these  men  to  unite  and  harmonize 
with  the  party?"  The  letter  is  marked  "Not  sent,"  which 
fact,  however,  does  not  affect  its  force  as  an  illustration 
not  only  of  the  political  influences  of  the  day,  but  shows 
Judg;e  Lewis'  close  touch  with  prevailing  influences  in 
the  JDemocracy  of  Pennsylvania  and  his  desire  for  the 
general  welfare  of  that  party.  It  also  shows  his  love 
for  the  judicial  life,  and  particularly  the  post  he  then 
occupied. 

Seven  years  later,  when  David  R.  Porter  was  Gov- 
ernor by  virtue  of  this  united  Democracy,  Ingham,  the 
one-time  Secretary  of  the  Treasury  under  Jackson,  issued 
a  pamphlet  which  contained  an  attack  on  Judge  Lewis. 
Just  why  there  should  be  such  an  attack  at  this  time,  No- 
vember 8,  1842,  near  the  expiration  of  Judge  Lewis'  term, 
does  not  seem  clear,  unless  Judge  Lewis'  name  was  being 
considered  in  Washington  for  some  national  position. 
Governor  Porter  in  a  letter  of  above  date  to  Judge  Lewis, 
says :  "Soon  after  the  conversation  we  had  last  spring 
about  affairs  at  Washington,  I  ascertained  enough  to 
satisfy  myself  that  no  change  was  seriously  thought  of ; 
and  subsequent  events  have  gone  far  to  confirm  that 
opinion.  And  I  tell  you  now  that  if  any  change  be  made 
at  all,  there  will  be  but  one ;  and  in  that  event  Gushing 
will  come  into  the  War  Department  or  probably  the 
Treasury.  In  this  I  think  I  cannot  be  mistaken.  So 
do  not  give  it  another  thought."  He  then  compliments 
Judge  Lewis  on  his  "address  to  [on?]  the  Hero  of  the 
Thames" — no  other  note  of  which  has  been  found — and 
then  devotes  the  rest  of  his  letter  to  the  Ingham 
pamphlet  (a  part  of  the  letter  already  quoted  on  page 
76),  saying,  among  other  things,  "I  think  you  ought  to 
give  him  a  skinning,  and  a  severe  one."  Whatever  else 
the  incident  may  or  may  not  show,  it  serves  to  illustrate 
the  consideration  which  Governor  Porter  and  the 
Democracy  of  Pennsylvania  had  for  the  President  Judge 
of  the  Eighth  Judicial  District,  the  expiration  of  whose 
term  of  service  was  now  so  near  at  hand. 


CHAPTER  IX 

His  President-Judgeship  of  the  Lancaster  District 

AND  His  Authorship  of  "An  Abridgment  of  the 

Criminal  Law  of  the  United  States,"  to 

Supplement  "Kent's  Commentaries." 

Medical  Jurisprudence 

1843 

During  1842  it  was  evident  that  the  Democracy  of 
Pennsylvania  intended  to  honor  President  Judge  Lewis, 
of  WiUiamsport,  and  those  who  feared  his  power  in  that 
party's  counsels  began  to  attack  him.  Chief  among 
these  was  Jackson's  late  Secretary  of  the  Treasury, 
Hon.  Samuel  D.  Ingham,  whose  plans  Lewis  had  de- 
feated in  Bradford  County,  as  Governor  Porter's  letter, 
before  referred  to,  has  stated.  Mr.  Ingham  had  tried 
to  interpret  Judge  Lewis'  interest  in  the  banking  laws 
of  1840  and  his  presence  in  Harrisburg  as  reflecting  on 
the  Judge's  honor.^  The  only  reply  to  this  made  by 
Judge  Lewis  was  his  request,  on  August  18,  1842,  of 
Thomas  Chambers,  Esq.,  of  the  Montour  Iron  Works, 
on  whose  alleged  statements  Ingham  based  his  charges, 
for  a  signed  statement  such  as  he  would  be  willing  to 
swear  to  should  it  be  required.  In  this  statement  Mr. 
Chambers  absolutely  denied  Ingham's  charges,  and 
Judge  Lewis  gave  the  two  letters  to  the  public.  There- 
upon Ingham  got  out  a  pamphlet  at  his  own  cost  and 
tried  most  ingeniously  to  make  his  case,  with  the  result 
that  Governor  Porter  thought  he  deserved  the  "skin- 
ning" which  Lewis  ought  to  execute.-    The  Judge,  how- 

'  The  suspension  of  specie  payments  by  the  banks  of  Pennsylvania  and 
the  movement  in  the  Legislature  of  1840  to  compel  resumption  at  some  wisely 
agreed  upon  time  was  a  matter  that  enlisted  the  personal  interest  of  every 
citizen  and  was  one  upon  which  a  variety  of  opinion  existed.  So  far  as  can  be 
learned  Judge  Lewis  and  Governor  Porter  were  at  one  in  opinion  as  to  a 
wise   medium  course. 

^  The  only  copy  of  this  pamphlet  which  the  author  has  been  able  to 
find  is  in  the  Ridgway  Library,  Philadelphia.  On  May  28,  1844,  other  efforts 
of  Mr.  Ingham's  friends  were  made  because,  according  to  a  letter  of  Ingham's 
of  June  3d  following — now  at  the  Historical  Society  among  the  Buchanan 
Papers — Lewis    was    a    candidate    for   the    vacancy    on    the    National    Supreme 

128 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW        129 

ever,  considered  it  a  closed  incident,  and  his  party  was 
more  than  ever  determined  to  honor  him. 

It  was  about  this  time  tliat  Hon.  Benjamin  Champ- 
neys,  President  Judge  of  the  Second  District,  embracing 
Lancaster  County,  resigned  in  order  to  be  a  candidate 
for  the  State  Senate,  and  as  the  Second  District  was 
the  most  important  outside  of  Philadelphia  and  Pitts- 
burgh, Governor  Porter  on  January  5,  1843,  nominated 
Judge  Lewis  as  successor  to  Judge,  now  Senator,  Champ- 
neys,  and  the  latter  gentleman  so  desired  Lewis  as  his 
successor  that  he  made  a  motion  to  waive  the  rules  on 
January  6th,  and  consent  to  the  nomination.'  Some 
obstructives  objected,  however,  and  it  was  delayed,  but 
on  the  same  day,  when  the  nominations  for  the  United 
States  Senate  were  made  for  successor  to  Senator 
James  Buchanan,  Judge  Lewis'  name  was  presented  by 
Senator  Kidder  for  this  high  office  also.  Lewis'  name 
was  withdrawn  the  next  day,  however,  and  soon  after- 
wards Senator  Buchanan  was  made  his  own  successor. - 
On  the  14th  of  January  the  little  group  of  obstructives 
in  the  Senate  attempted  to  prevent  the  nomination  of 
Lewis  and  compel  him  to  still  further  reply  to  Ingham, 
but  by  a  vote  of  25  to  4  Judge  Lewis  was  confirmed  as 
President  Judge  of  the  Second  District  and  resigned 
from  his  old  post,  the  term  of  which  was  about  to  expire. 
One  of  those  who  opposed  him  in  the  Senate  was 
Senator  Darsie,  of  Pittsburgh,  who,  on  January  23rd, 
made  a  motion  that  looked  much  like  a  determination 
to  follow  his  defeat  by  further  efforts  at  persecution. 
This  was  an  effort  to  have  the  special  "District  Court" 
at  Lancaster  merged  into  the  regular  Second  District, 
but  it  also  failed.  This  "District  Court,"  technically  so- 
called,  was  a  relief  court,  like  similar  ones  in  Philadel- 
phia and  Pittsburgh,  and  had  been  established  in  Lan- 
caster so  early  as  1820,  when  it  was  presided  over  by 
the  learned  editor  of  Smith's  Laws.  The  court  had  had 
a  varied  experience,  but  by  the  act  of  March  11,  1840, 

IJcnch  caused  by  the  death  of  Justice  Baldwin.  A  letter  of  Judge  Lewis'  of 
October  23,  1845,  to  Huclianan  denies  that  he  was  a  candidate  or  was  making 
application — "The  office  is  entirely  too  exalted  to  be  sought  for  by  any  such 
process,"   he  adds. 

'  The  custom  of  appointing  a  judge  without  regard  to  his  residence  seems 
rather  startling  to  the  present  generation,  but  dissatisfaction  with  it  was  of 
cornparatively  slow  growth,  and  a  change  came  only  with  a  vital  change  in 
judicial   constitution. 

-  The  I'tiblic  Ledger,  January  9,   1843.     Also  Senate  Journal  for  that  year. 


130  ELLIS  LEWIS 

it  was  re-established  for  ten  years,  and  its  Presiding- 
Judge  was  Hon.  Alexander  Hayes.  To  have  abolished 
this  court  would  have  thrown  on  Judge  Lewis'  shoul- 
ders, as  President  Judge  of  the  regular  Common  Pleas 
Court  of  the  Second  District,  the  burden  of  the  entire 
business  of  Lancaster  County.  And  this  was  a  serious 
matter — especially  at  this  time,  for,  omitting  Philadel- 
phia and  Pittsburgh,  the  business  of  the  Lancaster 
judiciary  was  the  greatest  in  the  State. 

Fortunately,  an  analysis  of  the  business  of  the  courts 
of  the  counties  of  Pennsylvania  has  been  made  for  nearly 
the  exact  decade  during  which  Judge  Lewis  sat  on  the 
Second  District  bench. ^  In  the  mere  matter  of  number 
of  days  in  jury  trials,  which  covered  90,  and  other  trials, 
which  covered  92,  a  total  of  182  days  of  court,  no  county 
in  the  State,  except  the  metropolis  of  the  east  and  the 
west,  compared  with  Lancaster.  Chester  came  the 
nearest,  with  106  days.  Criminal  cases  were  not  so 
numerous  in  the  Second  District,  there  being  but  120, 
but  only  Montgomery  and  Erie  had  more.  The  list  of 
civil  cases  was  tremendous,  however,  going  far  beyond 
all  counties — always  omitting  Philadelphia  and  Pitts- 
burgh— the  number  reaching  720,  the  nearest  approach 
to  this  being  400  in  Lycoming  County,  from  which 
Judge  Lewis  had  been  transferred.  What  is  more,  480 
of  the  720  cases  were  tried,  and  only  two  other  counties 
had  tried  so  many  as  100,  these  two,  Northumberland 
and  Montgomery,  having  but  141  and  140  respectively. 
The  cases  continued  were  33/^  per  cent,  of  the  cases 
tried — a  record  equalled  by  but  one  other  county,  while 
but  four  others  had  a  smaller  proportion.  It  will  be 
well  to  remember  in  this  connection  that  in  1850  Lan- 
caster County  had  a  population  of  99,003,  with  a  total 
assessed  valuation  of  $721,774,  the  only  other  county 
approaching  it  (omitting  the  two  with  largest  cities) 
being  Berks,  with  77,176  people,  with  no  other  one  con- 
taining so  many  as  75,000,  while  in  assessments  Lan- 
caster was  the  only  one  quoted  above  $525,000.  But  with 
all  this  extensive  business  in  Lancaster  County,  Judge 
Lewis  had  handled  his  share  of  it  for  six  years  with 
such  care  and  dispatch  that,  on  February  5,  1849,  the 

'  Report  to  the  Legislature  on  the  judiciary  for  1841  to  1850,  omitting 
Philadelphia  and   Pittsburgh. 


jiiic.E    Ellis    Lewis 

Sillioiuttf  made  at  Saratoga  in   1843. 

in   possession   of   the    Historical    Collection   ot   the 

Pennsylvania   liar  Association,    Philadelphia 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW        131 

special  "District  Court"  was  abolished  and  the  business 
turned  over  to  the  court  presided  over  by  Judge  Lewis. 

For  the  six  years  previous  to  this  consolidation,  few 
appeals  were  made  from  the  Common  Pleas  Court  of 
Lancaster  County.  There  was  but  one  in  1843,  and  that 
was  affirmed,  and  the  two  in  '44  furnished  both  an 
affirmation  and  reversal.  The  reversals  in  '45  were  two 
with  one  affirmation,  while  1846  furnished  three  to 
two;  but  1847  balanced  this  by  five  affirmations  and  but 
two  reversals.  In  1848  there  were  four  appeals  with  but 
one  affirmation.  With  the  consolidation  in  1849  there 
was  a  great  increase  in  appeals,  the  number  reaching 
nine  in  that  year,  although  six  of  these  were  affirmed ; 
while  in  1850  there  were  eleven,  seven  of  which  were 
affirmed.  A  few  that  went  over  into  1852  gave  three 
reversals  and  two  affirmations — all  of  which  was  a  most 
creditable  record. 

In  the  first  of  these  cases,  the  Supreme  Court  did 
him  the  honor  to  say  that  "the  reasons  given  for  the 
opinion  of  the  Common  Pleas  are  so  full  to  the  purpose, 
and  in  such  entire  accordance  with  the  sentiments  of 
this  court,  that  nothing  material  remains  to  be  added," 
and  they  use  it  in  full.  "The  claim,"  says  Judge  Lewis 
in  his  opinion,  "is  a  strictly  legal  one,  or  it  is  nothing. 
'It  is  without  a  particle  of  equity.'  It  might  also  be  said 
that  it  is  against  equity,  as  it  is  certainly  against  the 
common  feelings  of  natural  justice  that  the  real  estate 
of  the  wife  should  be  taken  from  her  mother  and  brothers 
and  given  to  those  who  are  strangers  to  her  family.  The 
husband's  representatives  depend  entirely  on  a  legal 
claim  under  the  date  of  1832.  This  they  have  failed  to 
establish,  as  the  paper  was  not  filed,  nor  any  order 
obtained  awarding  the  money  to  the  husband  until  after 
the  rights  of  the  defendants  as  heirs  of  the  wife  had 
vested."'  In  most  of  these  cases  the  matter  was  largely 
technical,  and  are  sufficiently  known  to  the  legal  reader. 
One  case  in  1849,  an  instance  of  a  husband's  will  divert- 
ing property  in  case  the  wife  married  again,  roused  the 
Judge  to  an  interesting  expression  on  the  preservation 
of  the  human  species,  although  his  decision  was  not 
sustained   by   the   Supreme   Court,   whose   opinion   was 

'  5   Watts   &   Sergeant,    504. 


132  ELLIS  LEWIS 

expressed  by  Chief  Justice  Gibson.^  Another  case  bear- 
ing on  this  field,  a  medico-legal  case,  was  of  such  inter- 
est that  the  distinguished  physician,  Dr.  Washington 
L.  Atlee,  sent  the  decision  to  the  American  Journal  of 
the  Medical  Sciences,  Philadelphia,  and  it  appeared  with 
one  other  in  the  October  number,  1846.-  Another  opinion 
that  was  more  widely  published  was  one  which  has  a 
most  interesting  expression  in  it  on  declaration  of 
unconstitutionality  of  an  act  by  a  court.-^  "This  opinion," 
says  Judge  Lewis  in  closing,  "is  of  course  confined  to 
the  case  before  the  court.  It  is  presumed  that  the  legis- 
lature did  not  intend  the  general  expressions  of  the  act 
of  1842  to  operate  upon  mortgages  executed  before  its 
passage.  There  is  ample  scope  for  the  operation  of  the 
law  upon  cases  subsequently  arising,  and  upon  cases 
where  there  was  no  specific  pledge  of  property  by  con- 
tract. As  the  members  of  the  legislature  are  under 
oath  to  support  the  constitution,  it  is  the  duty  of  the 
court  to  reconcile  their  acts  with  that  instrument  if 
possible.  It  is  not  every  general  expression  in  a  legis- 
lative act  that  should  be  construed  into  a  violation  of 
the  constitution.  But  if  the  act  of  1842  was  intended  to 
operate  upon  cases  like  the  one  before  the  court,  it  is 
our  duty  to  obey  the  constitutional  mandate  of  the 
people,  in  opposition  to  the  unauthorized  acts  of  their 
servants.  So  far  as  the  law  may  be  understood  to 
operate  upon  mortgages  executed  and  recorded  before 
its  passage,  it  is  unconstitutional  and  void."  The  Balti- 
more Patriot  of  March  5,  1845,  in  reprinting  the  decision, 
says:  "It  is  gratifying  to  perceive  that  there  are  men 
in  good  old  Pennsylvania  determined  to  shake  ofif 
repudiation  in  any  form.  When  we  see  a  judge  rising 
above  the  influences  by  which  he  is  surrounded,  and 
fearlessly  casting  the  shield  of  the  constitution  over  the 
rights  of  the  humblest  citizen,  as  a  protection  against 
the  encroachments  of  power,  we  feel  a  renewed  confi- 
dence  in   the  stability   of  our   government,   and   in   the 

'  10  Barr,  352-3. 

^  Commonwealth  vs.   Hoover. 

3  Lancaster  Savings'  Institution  vs.  Reigart,  April  term,  1844.  This  was 
published  in  the  Pemisylvania  Law  Journal,  well-known  to  lawyers,  and  in 
various  metropolitan  dailies.  Counsel  for  the  defendant  in  this  case  was 
Thaddeus  Stevens.  This  decision  was  all  the  more  notable  because  it  was 
against  the  Supreme  Court  of  the  State,  but  sustained  by  that  of  the  Nation. 
Democratic   Review,    1847,    p.    361. 


JUDGE,  AUTHOR  AND  PROFi:SSOR  01'    LAW        133 

security  of  our  liberties.  We  may  add  that  the  hi^^h 
legal  reputation  enjoyed  by  the  author  of  this  decision 
is  a  guaranty  for  the  soundness  of  its  law,  no  less  than 
for  its  conformity  to  the  received  notions  of  equal  and 
exact  justice  between  man  and  man." 

During  his  judicial  career  in  Lancaster  many  of 
Judge  Lewis'  opinions  were  published.  During  his  last 
year  at  VVilliamsport,  Messrs.  Wallace  and  David,  at 
Philadelphia,  began  the  issue  of  the  Pennsylvania  Law 
Journal,  when  they  were  able  to  say :  "We  are  aware  of 
but  one  publication  which  may  be  called  a  law  magazine 
in  the  United  States.  We  refer  to  the  United  States 
Law  Reporter."  and  later  explained  that  they  did  not 
mention  the  American  Jurist  because  it  was  more  of  the 
nature  of  a  review  than  a  magazine.  In  this  Judge 
Lewis'  decision  on  the  Rev.  Wm.  S.  Hall  case  was  pub- 
lished, together  with  Chancellor  Kent's  letter  regarding 
it,  and  from  that  time  on  his  opinions  frequently,  indeed 
almost  regularly,  appeared  in  that  journal,  to  which  he 
gave  much  counsel  in  an  editorial  way.'  In  1845  ^  well- 
known  law  publisher  in  Harrisburg  sought  his  services 
as  an  editor  of  a  "New  Library  of  Law  and  Equity," 
since  well-known  to  the  profession,  the  board  of  editors 
embracing  Francis  J.  Troubat,  Esq.,  of  Philadelphia ; 
Hon.  Ellis  Lewis,  of  Lancaster,  and  Wilson  McCandless, 
Esq.,  of  Pittsburgh.  This  continued  most  of  the  rest 
of  his  career  in  the  Second  District. - 

During  1845,  ^oo-  ^""^  delivered  a  eulogy  at  the  death 
of  Andrew  Jackson,  which  has  some  interesting  expres- 
sions. The  address  was  given  at  the  request  of  a  large 
committee  of  arrangements,  among  whom  was  Thaddeus 
Stevens,  and  delivered  in  the  Lutheran  Church  on  June 
26th.  He  begins  by  noting  the  general  good  feeling  for 
Jackson,  without  regard  to  party,  and,  said  he,  for  the 
purpose  of  doing  him  honor,  "all  have  united  in  selecting 
to  address  you,  on  this  melancholy  occasion,  an  early 
but  a  humble  friend  of  the  deceased — one  who  has 
generally  approved  of  his  public  acts — who  has  partici- 
pated in  the  hospitalities  of  his  house  and  table — who 
has   loved    him    for   his   private   virtues — and   who   can 

•  David    W'ebster,    Esq.,   one  of  the   proprietors   of  the  Journal   soon   after 
its  establishment,   relates  this.     See  Legal  Gazelle,   Vol.   3,  p.  93. 
-  Vol.   XV,   the  last,   was   issued   in   1849. 


134  ELLIS  LEWIS 

personally  bear  testimony  to  the  deep  humility  of  his 
Christian  devotions,  in  the  period  of  his  highest  earthly 
exaltation."  The  address  is  replete  with  tender  feeling 
and  portrays  the  side  of  Jackson  which  won  affection 
as  much  as  anything  ever  written  on  that  soldier-states- 
man. One  other  extract  on  Jackson's  financial  fight  may 
be  given :  "An  immense  money  corporation  had  been 
created  by  Congress,  with  its  branches  extending  into 
every  part  of  the  Union.  He  believed  it  was  misman- 
aging the  funds  of  the  nation — interfering  with  the 
freedom  of  election — controlling  the  operations  of  gov- 
ernment— and  dangerous  to  the  liberties  of  the  people. 
Good  men  and  wise  men  have  differed  on  the  question 
how  far  this  opinion  was  correct.  But  all  sound-judging 
men  will  admit  that,  so  long  as  the  President  entertained 
that  opinion,  the  duty  of  his  station  required  that  he 
should  use  all  the  efforts  in  his  power  to  save  the  funds 
and  the  liberties  of  the  people  from  threatened  danger. 
Accordingly,  he  decided  that  its  connection  with  the 
government  should  be  dissolved,  and  that,  so  far  as 
depended  upon  him,  its  charter  should  not  be  renewed. 
The  political  warfare  which  followed  was  as  fearful  as 
any  he  had  ever  encountered  in  arms."^ 

"Among  the  many  efforts,"  wrote  Chief  Justice 
Taney,  in  acknowledging  the  receipt  of  a  copy  of  this 
Jackson  address,  "which  have  been  made  since  the  death 
of  Genl.  Jackson  to  do  justice  to  his  memory,  I  have 
seen  none  more  happy  than  the  Eulogium  delivered  by 
you.  It  was  his  fortune  on  several  occasions  to  be 
placed  in  situations  of  great  difficulty  and  responsibility 
— and  his  acts  therefore  speak  for  him,  and  enable  us 
to  understand  his  true  character  far  better  than  by  a 
labored  analysis  of  the  high  qualities  for  which  he  was 
distinguished.  You  have  judiciously  selected  the  leading- 
incidents  of  his  life  —  those  which  most  strikingly 
marked  his  character — and  in  a  few  words  pointed  out 
the  virtues  they  displayed.  I  read  with  particular 
pleasure  the  passage  in  relation  to  his  refusal  to  disband 
at  Natchez  the  volunteers  who  had  rallied  at  his  call 
and  followed  him  from  Tennessee.  This  has  always 
appeared  to  me  to  be  one  of  the  noblest  actions  of  his 

*  A  copy  of  the  address  is  at  the  Historical  Society  of  Pennsylvania. 


JUDGE,  AUTHOR  AND   PROFESSOR  OF  LAW        135 

life,  in  which  lie  put  lo  hazzard  his  character  and  stand- 
ing as  a  military  officer  with  the  government — and  sub- 
jected himself  to  the  danger  of  the  heaviest  punishment, 
rather  than  be  made  the  instrument  of  committing  an 
act  of  injustice  and  oppression.  The  act  is  the  more 
worthy  of  commemoration,  when  he  thus  took  upon 
himself  the  high  responsibility  of  protecting  those 
gallant  and  pathetic  men  from  the  cruel  and  heartless 
order  which  had  been  issued  at  Washington,  he  was 
but  little  known  to  the  great  body  of  the  people  of  the 
U.  States,  and  had  not  that  high  and  commanding  con- 
fidence and  intluence  to  support  him  which  he  afterwards 
so  justly  and  worthily  obtained. 

"Perhaps,"  he  continues,  "no  topic  was  more  difficult 
to  manage  upon  such  an  occasion  than  that  of  the  Bank, 
as  you  were  addressing  an  assembly  composed  of  men 
of  all  parties,  many  of  whom  were  yet  sore  from  the 
recollections  of  that  violent  and  protracted  conflict — ■ 
and  some  of  them  perhaps  the  more  sensitive  from  mis- 
givings arising,  from  subsequent  events,  that  Genl. 
Jackson  might  have  been  right  and  they  in  the  wrong. 
This  difficult  point  is  I  think  very  happily  touched  upon 
and  disposed  of.  Yet  I  am  persuaded  that  the  time 
cannot  be  distant  when  the  honest  and  patriotic  men  of 
all  parties  will,  with  one  accord,  do  justice  to  the  men 
concerned  in  that  measure ;  and  will  admit  the  overthrow 
of  the  monster  was  the  greatest  of  all  the  great  public 
services  of  Genl.  Jackson ;  and  that  nothing  but  the 
removal  of  the  deposits  could  have  secured  the  victory. 
So  I  thought  when  I  first  advised  that  measure,  and 
also  when  I  afterwards  carried  it  into  execution — and 
subseciuent  events  have  confirmed  that  opinion.  For  if 
is  now  evident  from  the  immense  power  displayed  by 
the  Bank  in  that  conflict  that  it  would  have  been  too 
powerful  for  the  government  under  almost  any  other 
chief;  and  if  the  deposits  had  not  been  removed  and 
the  decisive  conflict  thereby  brought  on  during  the 
administration  of  Genl.  Jackson,  the  Bank  would  have 
been  rechartered  in  spite  of  his  successor — or  rather 
no  one  could  have  been  elected  to  succeed  him  who  was 
not  devoted  to  the  Bank — and  that  corporation  would 
at  this  day  have  been  virtually  governing  the  country; — 


136  ELLIS  LEWIS 

corrupting  its  councils — and  directing  the  operations  of 
the  government  as  might  best  suit  the  cupidity  or  ambi- 
tion of  those  at  the  head  of  the  corporation. 

"Accept  my  cordial  thanks,"  he  adds,  "for  the  kind 
terms  used  in  your  letter.  I  have  always  remembered 
the  commencement  of  our  acquaintance  with  great 
pleasure  and  your  course  since  that  time  has  been  too 
elevated  and  honorable  to  yourself  to  allow  any  one  who 
had  known  you  to  forget  you ;  and  it  has  given  me  much 
pleasure  to  witness  the  marks  of  public  respect  and 
confidence  which  you  have  received  on  all  hands  to  have 
been  so  justly  and  deservedly  bestowed. 

"With  great  respect  &  regard 

"I  am  Dr.  Sir  your  friend  &  Servt., 

"R.  B.  Taney/'i 

That  so  learned  a  judge  should  be  in  a  college  town 
and  not  to  be  thought  of  as  a  Professor  of  Law  was 
hardly  within  the  realm  of  probability.  Franklin  Col- 
lege, which  dated  back  almost  to  the  Revolution,  had  had 
a  varied  experience,  but  during  the  "  '40's"  was  in  a 
condition  sufficiently  prosperous  to  be  called  a  revival. 
This  was  some  half-dozen  years  before  its  union  with 
Marshall  College.  During  the  summer  of  1846,  several 
members  of  the  bar  of  Lancaster  petitioned  the  trustees 
of  Franklin  College  to  establish  a  professorship  of  Law 
and  Medical  Jurisprudence,  for  which  they  evidently 
had  in  mind  this  President  Judge.  The  board  had  no 
funds  to  go  to  additional  expense  regarding  it,  but 
favored  the  plan  with  that  exception,  which  seems  to 
have  been  agreed  to.  and  on  September  7th  (1846) 
Judge  Lewis  was  chosen  to  that  chair.  Dr.  J.  H.  Dubbs, 
the  historian  of  the  college,  finds  no  record  of  the  further 
progress  of  this  professorship.  Statements  appear  in 
several  contemporary  sketches  which  must  have  been 
known  to  Judge  Lewis  himself,  which  state  that  he  did 
fill  the  chair  for  a  time  at  least.  A  letter  from  Hon. 
James  Buchanan,  then  Secretary  of  State  at  Washing- 
ton, dated  January  14,  1847,  after  saying  that  he  "shall 
ever  feel  proud  to  have  been  a  member  of  the  bar  of 
Lancaster,"  says :  "I  rejoice  that  you  have  determined 
to  devote  your  time  and  talents  to  the  instruction  of 


'  Dated    October    25,    1845,    Baltimore.      Lewis    Papers. 


JUDGE,  AUTHOR  AND   PROFESSOR  OF  LAW        137 

young  gentlemen  destined  for  the  profession.  In  no 
other  sphere  can  you  be  more  useful ;  &  with  your  well 
known  energy  in  whatever  you  undertake,  you  cannot 
fail  to  prove  successful.  The  provision  of  the  charter 
of  the  Franklin  College  vacating  the  seats  of  those 
trustees  who  have  ceased  to  reside  in  the  state  for  the 
period  of  a  year  would,  in  my  opinion,  deprive  me  of 
this  office.  It  is  most  certain  that  I  intend  to  return 
to  the  State  &  to  lay  my  bones  in  my  native  earth  should 
God  spare  my  life;  but  it  can  hardly  be  said,  with  any 
regard  to  the  fact,  that  I  now  reside  in  Pennsylvania. 
I  have  not  lost  my  citizenship,  but  surely  I  now  reside 
in  this  "city."^  In  April,  1847,  following,  the  Democratic 
Rcz'iccV,  of  New  York,  states  that  "Judge  Lewis  also 
discharges  the  duties  of  professor  of  law  and  medical 
jurisprudence  in  Franklin  College,  one  of  the  oldest 
endowed  institutions  in  the  State."-  It  may  have  been 
these  duties  which  prevented  him  attending  the  Demo- 
cratic National  Convention  at  Ijaltimore  to  which  he 
was  chosen  a  delegate ;  for  he  did  not  attend  the  con- 
vention which  nominated  Lewis  Cass,  of  Michigan,  for 
the  Presidency,  and  was  prevented  by  some  unknown 
circumstances." 

Whether  his  law  instruction  or  his  editorial  experi- 
ences suggested  his  next  and  most  extensive  literary 
work  is  not  known ;  it  is  known,  however,  that  both  of 
these  as  well  as  his  judicial  work  led  to  a  warm  friend- 
ship with  the  aged  author  of  Kent's  "Commentaries  on 
American  Law."  The  latter  work,  it  will  be  recalled, 
was,  like  Blackstone's,  revised  law  lectures,  given  in 
Columbia  College,  the  first  volume  appearing  in  1826 
and  the  fourth  and  last  in  1830.  In  the  latter  volume, 
Chancellor  Kent,  speaking  of  fields  his  work  does  not 
attempt  to  cover,  says :  "The  law  of  crimes  and  punish- 
ments is,  no  doubt,  a  very  important  part  of  our  legal 
system,  but  this  is  a  code  that  rests  in  each  state  upon 
an  exact  knowledge  of  local  law ;  and,  since  the  institu- 

'  Lewis  Papers.  He  devotes  a  page  to  the  legal  aspects  of  the  question 
and  asks  Lewis'  advice  as  to  whether  there  is  a  difference  between  "inhabi- 
tant" and  "resident."  The  letter  is  in  reply  to  one  of  January  7,  1847,  dated 
"Franklin  College,  F^ancaster."  On  the  16th  Judge  Lewis  writes  a  most  in- 
teresting opinion  on  the  "resident"  question,  claiming  Buchanan's  residence 
still   in   I.ancaster. 

'  Vol.  XX,  p.  359.  David  Paul  Brown  in  his  Forum  sketch  years  later  con- 
firms it  also. 

'^  Ibid.,   p.  363. 


138  ELLIS  LEWIS 

tion  of  the  penitentiary  system,  and  the  ahiiost  total 
abolition  of  corporal  punishment,  it  has  become  quite 
simple  in  its  principles,  and  concise  and  uniform  in  its 
details.  Our  criminal  codes  bear  no  kind  of  comparison 
with  the  complex  and  appalling  catalogue  of  crimes  and 
punishments  which,  in  England,  constitute  the  basis  of 
the  system  of  the  pleas  of  the  crown."'  Just  when  it 
was  that  Judge  Lewis  first  began  to  think  of  this  field  of 
the  criminal  law  as  one  needing  a  treatise  is  not  known, 
but,  in  all  probability,  Chancellor  Kent  himself  personally 
suggested  his  undertaking  it.  In  a  copy  of  a  letter  by 
Judge  Lewis  to  the  aged  Chancellor,  dated  October  15, 
1847,  the  Judge  says :  "In  the  course  of  conversation 
last  spring,  you  were  kind  enough  to  favor  the  project 
of  writing  a  volume  on  the  Crim.  Law  of  the  U.  S.  upon 
the  plan  of  your  Commentaries  and  to  accompany  them^ 
as  a  fifth  volume,  upon  a  branch  of  jurisprudence  not 
covered  by  them."-  What  the  aged  jurist  thought  of 
Lewis  is  stated  well  in  a  letter  of  April  18,  1846,  where 
he  says:  "Everything  that  I  have  seen  from  your  judicial 
pen  denotes  research,  accuracy  and  judgment.  *  *  '■' 
I  am  induced  to  drop  this  line  by  the  pleasure  of  bring- 
ing you  before  me  and  to  assure  you  of  my  great  respect 
and  regard.  You  are  aware  that  I  am  very  far  advanced 
in  life,  and  by  the  kindness  of  Providence  I  am  in  good 
and  active  health,  with  my  hearing  considerably  im- 
paired, but  my  relish  and  ardor  for  studies  and  legal 
learning  continue  unabated  and  I  have  the  blessing  of 
good  eyes.  Without  meddling  actively  in  political  con- 
cerns I  am  an  observer  of  what  passes  and  with  lively 
sensibility.  Yours  most  truly,  James  Kent."^  Late  in 
1847,  however,  the  great  jurist  was  in  rapid  decline,  at 
the  age  of  eighty-four  years,  and  Judge  Lewis,  with  a 
modest  estimate  of  his  book,  which  was  ready  for  dedi- 
ciition  on  October  ist,  merely  issued  the  work  with  a 
dedication  to  Chancellor  Kent,  who  was  even  then 
passing  through  his  last  sufferings. 

*  Vol.  IV,  p.  528.  It  is  curious  to  note  that  Lewis  puts  on  his  title-page, 
not  Kent's  reference  to  this  field,  but  Blackstone's,  which  says  it  "is  of  the 
utmost  importance  to  every  individual  in  the  state." 

*  Lewis  Papers. 

**  Judge  Lewis  has  engrossed  this  letter  as  a  copy,  stating  that  he  sent 
the  original   to  James   Buchanan. 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW        139 

"To  the  Hon.  James  Kent,"  reads  the  dedicatory 
note  to  "An  Abridgment  of  the  Criminal  Law  of  the 
United  States."  etc.,  "by  ElHs  Lewis,  President  of  the 
Second  Judicial  District  of  Pennsylvania."  "As  a  very 
humble  but  sincere  admirer,  I  desire  to  commit  this 
imperfect  production  to  the  public  under  the  shadow  of 
your  great  name.  In  doing  so,  I  acknowledge  my  grati- 
tude for  the  friendly  counsels  with  which  you  have 
cheered  me  in  the  performance  of  difficult  and  responsi- 
ble duties — my  respect  for  the  patience,  politeness,  and 
pureness  of  heart,  by  which  you  have  won  the  affection 
of  all,  and  presented  to  the  world  an  illustrious  example 
as  a  Presiding  Magistrate  in  the  highest  tribunals  of 
Law  and  Equity — and  finally  my  veneration  for  those 
exalted  abilities  which  have  been  the  great  ornament 
of  the  common  law,  and  the  shining  light  of  the  Chancery 
jurisdictions  in  this  country.  Purity  and  temperance 
have  secured  to  you  length  of  days ;  and  a  habit  of 
industry  has  rendered  your  long  life  a  blessing  to  every 
State  and  Nation  which  acknowledges  the  common  law 
as  its  rule  of  decision.  Your  labors  have  commanded 
the  applause  of  the  present  generation,  and  shall  excite 
the  admiration  and  gratitude  of  future  ages.  In  your 
lofty  solitude,  may  the  consolations  of  a  well  spent  life 
render  the  evening  of  your  career  as  happy  as  its  mid- 
day has  been  useful  and  brilliant.  Your  Very  Sincere 
Friend,  Ellis  Lewis.     Lancaster,  Pa.,  October  1st,  1847." 

This  note  had  been  submitted  to  Chancellor  Kent  for 
his  consent,  and  on  November  9th  he  replied,  saying: 
"My  extreme  sickness  has  confined  me  to  my  home  and 
reduced  me  to  a  skeleton,  &  that  must  be  my  apology 
for  delay  in  acknowledging  your  very  friendly  letter  of 
the  15th  ult.  ******!  have  read  your  pro- 
posed dedication.  It  is  far  too  highly  complimentary, 
but  it  is  a  beautiful  composition  &  I  shall  be  your  great 
Debtor  for  the  honourable  &  candid  commendation  you 
have  been  pleased  to  [not  plain]."  Within  two  weeks 
the  work  appeared,  and  on  the  22nd  of  November — 
almost  exactly  three  weeks  before  his  death — he  wrote : 
"I  have  had  the  pleasure  of  receiving  your  great  work 
on  the  Criminal  Lcrw  of  the  U.  States;  but  I  have  not  been 
able  to  examine  it  as   I  ought,  for  I  am  so  unwell   & 


140  ELLIS  LEWIS 

weak  as  hardly  to  get  up  &  hold  a  pen.  You  must 
excuse  me  from  making  any  further  observations  on  the 
work  at  present.  I  am  with  affectionate  Regard,  yours 
&c.  James  Kent."  He  died  on  the  12th  of  the  next 
month,  and  in  reply  to  a  letter  of  condolence,  his  son, 
William  Kent,  wrote  Judge  Lewis:  "I  am  truly  grateful 
to  you  for  your  kind  and  feeling  letter.  Nor  can  I  ade- 
Cjuatel}^  thank  you  for  the  beautiful  dedication  of  your 
late  work  on  Criminal  Law.  My  poor  father,  though 
racked  with  pain,  read  it  with  delight.  He  placed  your 
letter  accompanying  it,  on  his  table,  but  a  long  time 
elapsed  before  he  could  answer.  It  was  an  affecting 
sight,  when  he  tottered  to  his  table,  &  though  absolutely 
gasping  with  pain,  wrote  you  a  few  lines  in  reply.  I 
believe  it  was  the  last  letter  he  ever  wrote."^  The 
volume  was  reviewed  in  the  Pennsylvania  Laiv  Journal  of 
January,  1848,  in  a  discriminating  way,  showing  both 
its  excellence  and  its  defects,  but  with  the  conclusion 
that  "Wherever  in  the  United  States  criminal  law  is 
practiced,  the  United  States  Criminal  Law  must  find  its 
way,"  and  it  did.  The  reviewer  also  says :  "We  under- 
stand that  for  a  number  of  years  Judge  Lewis  has 
devoted  himself  to  the  study  of  criminal  law,  and  the 
result  of  his  labors  has  been  the  work  before  us."- 

His  learning  and  character  had  made  him,  by  this 
time,  one  of  the  best  known  of  Pennsylvania  jurists, 
and  one  or  two  institutions  of  learning  took  occasion 
to  recognize  it  at  their  commencements  in  the  spring  of 
1848.  Transylvania  University  at  Lexington,  Kentucky, 
the  oldest  institution  of  the  West,  since  become  Ken- 
tucky University,  conferred  upon  him  the  degree  of 
Doctor  of  Laws,  and  the  Philadelphia  College  of  Medi- 
cine, in  recognition  of  his  learning  in  the  realm  of  medical 
jurisprudence,  bestowed  upon  him  the  honorary  degree 
of  Doctor  of  Medicine.^ 

^  Lewis    Papers,    in   possession    of    Miss   Josephine   Lewis,    Philadelphia. 

-  Pennsylvania  Law  Journal,  1848,  pp.  154-5.  Wharton's  Criminal  Law 
of  the  United  States  was  issued  in  1846,  and  successive  editions  were  issued 
from  time  to  time  and  revised  by  the  author.  So  far  as  is  known,  but  one 
edition   of   Lewis'   work   was   issued. 

^  Pennsylvania  Laiv  Journal,  October,  1848,  p.  191,  quoting  the  Lexington 
Atlas,  the  Lancaster  Tribune  and  the  Philadelphia  B^illetin.  Jefferson  College 
also  gave  him  the  degree  of  Doctor  of  Laws.  James  S.  Green,  Professor  of 
Law  in  Princeton  College,  nominated  him  for  the  same  degree  in  that  insti- 
tution shortly  after  Lewis  heard  of  the  Transylvania  degree.  The  Judge  was 
not  certain  whether  he  should  accept  more  than  one,  and  on  August  31,  1848, 
wrote   his   friend    Buchanan   to  have   Mr.    Green   withdraw   the   nomination  at 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW        141 

With  the  appearance  of  these  honors,  the  April  num- 
ber of  The  United  States  Magazine  and  Democratic  Reviciv, 
of  New  York,  which  was  then  running  an  ilUistrated 
series  of  "Political  Portraits  with  Pen  and  Pencil,"  had 
the  most  able  and  extended  sketch  of  Judge  Lewis  that 
had  so  far  appeared.  The  frontispiece  of  the  issue  was 
a  portrait  of  Judge  Lewis,  a  mezzotint  engraving  by 
Doney  from  a  daguerreotype  by  Plumbe,  which  is  here 
reproduced.  "One  trait  in  his  character,"  says  the 
sketch,  "is  too  honorable  to  be  here  overlooked.  Him- 
self emphatically  one  of  the  people — sprung  frcnn  their 
midst,  and  sympathizing  with  their  feelings  and  wants — 
Ellis  Lewis  has  ever  been  the  fast  friend  of  the  people. 
Whether  we  scan  his  actions  as  advocate,  legislator  or 
judge,  the  result  is  the  same.  We  behold  him  the  same 
fearless  and  able  defender  of  the  rights  and  interests  of 
the  masses.  In  this  he  seems  to  have  been  bent  on 
loyalty  to  the  stern  teachings  of  his  own  early  struggles, 
and  to  have  kept  constantly  before  him,  as  worthy 
models,  those  great  republican  lawyers  of  the  English 
commonwealth,  and  of  our  own  colonial  and  revolution- 
ary era,  who  were  on  all  occasions  the  most  devoted,  as 
their  great  intellects  and  better  training  constituted  them 
the  most  able  friends  of  liberty."^ 

Notwithstanding  his  judicial,  educational  and  literary 
occupation  at  this  date,  he  was  a  silent  but  considerable 
force  in  the  democratic  powers  of  both  State  and  Nation, 
and  his  counsels  were  often  availed  of,  and  frequently 
well-known  to  leaders  of  that  political  party.  Probably 
no  better  expression  of  his  beliefs  on  the  vital  questions 
of  that  day  exist  than  that  in  a  letter  to  Vice-President 
Dallas,  during  the  autumn  of  this  year,  1847.  "As  one 
of  tlie  old-fashioned  democrats,  still  adhering  to  the 
ancient  faith."  it  reads,  under  date  of  October  7th,  "I 
rejoice  to  perceive  from  your  Pittsburgh  speech  that 
your  long  tried  democratic  principles  have  not  been 
extinguished  by  the  centralism  which  has  so  long  been 
at  war  with  the  rights  of  the  States.  There  was  a  time 
when  a  strict  construction  of  the  Federal  Constitution  was  the 
great  principle  which  distinguished  the  democratic  party 

Princeton.       Jefferson    College,    however,    seems    to    have    done    so    without    his 
knowledce.      FUichanan    I'apers  at   the    Historical   Society   of    Pennsylvania. 
'  Vol.   XX,  p.   360. 


142  ELLIS  LEWIS 

from  those  whose  licentious  construction  of  that  instru- 
ment gave  to  the  federal  authorities  almost  unrestrained 
power  over  all  our  social  and  political  rights.  'Power 
is  continually  stealing  from  the  many  to  the  few.'  'The 
price  of  liberty  is  eternal  vigilance,'  and  it  behooves  the 
friends  of  state  rights  to  be  constant  in  their  watchful- 
ness of  the  insidious  approach  of  consolidation.  So  long 
as  the  sons  of  Pennsylvania  shall  be  virtuous  they  will 
be  careful  of  her  liberty  and  independence. 

"At  one  time,"  he  continues,  "we  were  told  that  the 
States  have  no  right  to  pass  laws  in  favor  of  surrender- 
ing fugitive  slaves  to  their  masters.  The  whirlwinds  of 
abolition  and  the  storms  of  slavery,  lulled  by  the  beguil- 
ing zephyrs  of  compromise,  unite  in  a  gentle  breeze  which 
waft[s]  to  the  free  states  of  the  Union  the  new  dogma 
of  federalism  that  the  general  government  has  exclusive 
cognizance  of  surrendering  fugitive  slaves,  not  because 
it  is  so  'nominated  in  the  bond'  of  union,  but  because 
the  States  are  presumed  to  be  too  dishonest  to  fulfill 
their  constitutional  obligations  on  a  subject  of  so  much 
delicacy.  And  as  soon  as.  one  of  the  greatest  states  of 
the  Union,  mortified  at  the  usurpations  of  her  rights, 
withdraws  all  her  legislation  from  the  subject,  in  obedi- 
ence to  the  insulting  dogma,  and  prohibits  her  officers 
from  all  interference  in  such  cases,  the  riot,  and  blood- 
shed, and  murder  to  be  expected  from  such  a  heresy, 
followed  as  a  natural  consequence ;  and  then  we  are 
told  that  a  state  has  no  right  to  prohibit  her  own  officers 
from  accepting  legislative  commissions  from  Congress ! 
There  was  a  time  when  it  was  conceded  by  all  who 
understood  our  institutions  that  Congress  had  no  powers 
whatever  except  those  expressly  granted,  or  those  abso- 
lutely necessary  to  the  exercise  of  powers  thus  clearly 
conferred.  But  now  although  no  power  was  ever  given 
by  [to?]  Congress  to  interfere  with  the  domestic  institu- 
tions of  the  States,  political  heresies  are  constantly 
springing  up  in  quarters  so  intelligent  as  to  command 
our  entire  respect,  and  so  influential  as  to  create  the  most 
serious  alarm.  In  one  part  of  the  Union  we  hear  it  said 
that  the  principles  of  the  Ordinance  of  1787  (Northern 
Territory)  may  be  enforced  upon  new  states  by  the 
National    Legislature.      In   another   section   where   such 


JUDGE,  AUTHOR  AND  TROFESSOR  OF  LAW        143 

daring  invasion  of  the  rights  of  the  states  would,  under 
ordinary  circumstances  be  repudiated  with  indignation, 
the  doctrine  is  to  some  extent  received  with  favor  under 
the  name  of  a  compromise  by  which  the  constitution  sliall 
be  construed  to  authorize  sucli  federal  interference 
within  certain  geographical  limits  and  to  exclude  it  from 
other  portions  of  the  Union.  Thus  a  great  constitutional 
question  becomes  a  geographical  one  and  the  constitution 
itself  becomes  a  nose  of  wax  or  a  face  of  dough,  to  be 
moulded  into  every  desirable  form  as  geographical  posi- 
tion may  require. 

"I  protest  against  this  false  system  of  Hermencutics. 
The  clause  which  confers  certain  pozvers  for  the  purpose 
of  providing  for  the  'general  welfare'  has  been  occa- 
sionally claimed  to  authorize  the  exercise  of  every  other 
power  which  Congress  might  deem  necessary  to  promote 
that  object.  But  if  this  be  tolerated  there  is  no  limit 
to  the  powers  of  the  federal  government,  and  there  is 
an  end  to  State  sovereignty.  Such  a  licentious  con- 
struction was  attempted  in  France  when  the  authority 
to  'watch  over  the  safety  of  the  State'  was  construed  as 
justifying  the  annihilation  of  another  clause  which 
'guaranteed  the  liberty  of  the  press.'  But  the  memorable 
'three  days'  in  July,  1830,  overturned  this  construction 
and  drove  its  authors  from  power.  God  grant  that  the 
centralizing  influence  in  our  country  may  never  be  car- 
ried to  an  extent  so  absurd,  or  require  a  remedy  so 
terrible. 

"Under  our  constitution  the  States  of  the  Union  are 
upon  terms  of  entire  equality.  There  is  not  one  rule 
for  States  lying  south  of  36°  30'  and  another  for  those 
north  of  that  line.  The  constitution  furnishes  the  same 
rule  for  all.  Every  State  has  a  right  to  insist  on  three- 
fifths  of  her  slave  population  being  taken  into  the 
calculation  apportioning  her  representation  in  Congress. 
This  may  seem  a  hard-ship  upon  those  who  do  not  choose 
to  hold  slaves,  but  the  right  is  distinctly  granted  and 
is  granted  to  all  alike.  There  is  a  perfect  ecjuality.  All 
may  claim  its  advantages,  if  disposed.  But  I  trust  that 
the  day  will  be  far  distant  when  Pennsylvania  shall 
desire  to  be  restored  to  those  advantages.  By  her  own 
voluntary  act  she  put  them  away  from  her  as  neither 


144  ELLIS  LEWIS 

consistent  with  her  interests  or  her  sense  of  justice. 
When  other  states  can  with  equal  safety  imitate  her 
example,  they  will  doubtless  do  so.  But  until  that  time 
shall  arrive,  what  authority  has  the  general  government 
to  interfere  with  their  domestic  rights?  Where  in  the 
constitution  has  the  power  been  granted  to  Congress  to 
control  the  States  in  this  respect?  The  territories  which 
belong  to  the  nation  are  of  course  under  national  legisla- 
tion. Of  the  extent  to  which  this  may  be  rightfully 
exercised  it  is  not  my  purpose  now  to  speak.  But  new 
states  if  admitted  as  such  must  necessarily  be  admitted 
upon  terms  of  equality  with  the  original  states,  because 
as  already  remarked  we  have  but  one  constitution  and  it 
operates  equally  upon  all.  Congress  has  no  power  except 
what  is  derived  from  that  instrument.  They  may  admit 
new  states,  or  when  under  no  treaty  stipulations  they 
may  refuse  such  admission.  But  they  can  add  no  condi- 
tions not  authorized  by  the  constitution.  Such  conditions 
if  added  may  be  disregarded  by  the  states  so  admitted, 
and  there  is  no  power  in  the  government  to  enforce 
them.  A  state  admitted  into  the  Union  with  a  Congres- 
sional restriction  upon  her  rights  would  be  restored  to 
her  rights  by  the  supreme  power  of  the  constitution 
itself,  the  moment  she  came  into  the  Union  and  under 
its  protection. 

"The  ordinance  of  1787  in  its  terms  only  applied  to 
the  territory  northwest  of  the  Ohio.  It  never  operated 
upon  Louisiana,  which  was  not  acquired  until  1803 ;  and 
of  course  it  was  never  intended  to  apply  to  territory  to 
be  acquired  by  purchase  or  by  conquest  from  Mexico. 
Nor  was  it  ever  intended  to  operate  upon  independent 
states.  The  moment  territories  are  admitted  into  the 
Union  they  become  entitled,  under  the  paramount  law 
of  the  Constitution,  to  the  right  of  legislation  on  this 
subject  for  themselves.  In  respect  to  Louisiana,  the 
French  government  had  a  right  at  the  time  of  cession 
to  secure  to  her  citizens  then  inhabiting  the  territory  the 
right  of  admission  into  the  Union  upon  an  equality  with 
the  citizens  of  the  original  states;  it  was  not  only  the 
right  of  France  to  make  this  provision,  but  she  was 
careful  to  exercise  that  right.  And  we  were  accordingly 
bound  bv  our  treatv  with  France  to  admit  the  inhabitants 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW        145 

of  the  ceded  territory  'as  soon  as  possible'  to  'all  the 
rights,  advantages  and  immunities  of  citizens  of  the 
United  States,'  not  according  to  such  congressional 
restrictions  as  may  be  thought  proper,  but  'according 
to  the  principles  of  the  Federal  Constitution.'  Our  failure 
to  fulfill  this  obligation  would  be  a  breach  of  integrity, 
a  violation  of  good  faith  and  a  just  cause  of  war  on  the 
part  of  France.  So  long  as  we  are  bound  by  the  consti- 
tution or  regard  our  treaty  stipulation  with  TVance, 
neither  the  Wilmot  Proviso  nor  the  principles  of  the 
Missouri  Compromise  can  ever  be  extended  to  any  por- 
tion of  the  territory  which  constituted  a  part  of  Louisiana 
in  1803.  lilissouri,  although  north  of  the  alleged  com- 
promise line,  was  admitted  with  all  her  slavery  clauses 
in  her  constitution.  loiva,  although  in  like  manner  north 
of  the  [line],  was  also  admitted  without  any  restriction 
upon  her  right  to  hold  slaves.  Texas,  although  including 
territory  on  both  sides  of  the  alleged  line  of  compromise, 
was  admitted  without  the  slightest  restriction  upon  her 
right  to  hold  slaves  in  ei'ery  part  of  her  jurisdiction.  It 
is  true  that  there  has  been  some  'Buncombe'  legislation 
accompanying  the  acts  of  admission,  in  the  case  of  Mis- 
souri and  Texas.  It  was  said  when  Missouri  was  admit- 
ted that  in  future  cases  36°  30'  should  be  the  division  line 
between  the  free  states  and  the  slave  states,  but,  although 
according  to  that  line,  Missouri  should  not  have  been 
allowed  to  hold  slaves,  good  care  was  taken  not  to  apply 
the  compromise  principle  to  herself.  The  same  thing 
was  said  again  when  Texas  was  admitted,  but  although 
according  to  the  alleged  line  of  compromise  a  portion 
of  Texas  ought  to  have  been  excluded  from  the  privilege 
of  holding  slaves,  good  care  was  taken  not  to  apply  the 
principle  to  Texas  herself.  In  the  case  or  Iowa  the 
principle  of  the  alleged  compromise  was  disregarded 
without  even  a  promise  of  its  application  at  some  other 
time  or  to  some  other  case.  In  truth  the  restriction 
will  never  be  attempted,  because  it  is  perfectly  well 
understood  that  there  is  no  power  to  enforce  it.  There 
never  was  any  such  compromise.  The  subject  did  not 
admit  of  compromise.  There  were  no  parties  competent 
to  make  such  a  compromise.  As  for  Pennsylvania  it  is 
certain  that  she  never  was  a  party  to  it.     She  stood  out 


146  ELLIS  LEWIS 

against  it  to  the  last,  and  when  one  of  her  representatives 
(and  there  was  only  one  I  beheve)  voted  for  the  admis- 
sion of  Missouri  some  of  his  constituents  burnt  him  in 
efifigy  in  order  to  manifest  their  dissent  from  any  such 
compromise. 

"The  southern  politicians  are  shrewd  and  wise.    They 
know   that   all    such   restrictions   upon    state    rights   are 
nugatory  and  they  can  never  be  enforced  against  the 
will  of  a  state  desiring  to  hold  slaves.    They  have  there- 
fore everything  to  gain  by  the  compromise,  but  nothing 
to  lose.     Driven  almost  to  the  wall  by  the  pressure  of 
the    abolitionists,    and    the    advocates    of    the    'Wilmot 
Proviso,'  some  of  them  are  willing  to  put  on   a  grave 
face  and  talk  about  the  principles  of  the  Missouri  Com- 
promise !     As  a  matter  of  curiosity  I  should  like  to  see 
an    old-fashioned    democrat    of    the    Ancient    Dominion 
zvJicii  he  put  his  countenance  in  order  for  the   purpose  of 
addressing  Northern  Democrats  in  favor  of  the  principles 
of  the  Missouri  Compromise.     I  have  many  reasons  to 
admire  Mr.  Ritchie  and  I  imagine  his  countenance  must 
be  peculiarly  grave  and  solemn  in  its  appearance  when  he  is 
about    preparing    an    editorial    on    this    subject    for    the 
Union !     But  the  intellectual  light  could  not  all  be  con- 
cealed.   The  silver  edges  of  the  cloud  would  betray  the 
sun-light   behind !      It    is   not    intended    to    censure    our 
southern    friends    for    their    eloquent    praises    of     the 
blessings    of   the    Missouri    Compromise.     By    that    elo- 
quence  they   may   succeed   in  getting  new   slave   states 
admitted  which  otherwise  might  be  excluded.     But  the 
great  statesmen  of  the  nation  should  look  this  question 
directly  in  the  face.     So  far  as  regards  the  rights  of  the 
states  we  are  bound  by  our  present  constitution  to  let 
the   subject   'alone   entirely.'     When   we   are   under   no 
treaty  obligation  members  of  Congress  may  be  governed 
by   such    motives   as    satisfy   their   own    consciences    in 
casting  their  votes  on  the  question  of  admitting  a  new 
State.     They    may    be    influenced    by    geographical    or 
numerical  calculations,  and  there  is  no  power  but  their 
own  sense  of  justice  to  control  them.     But  when  their 
votes  are  once  cast  for  admission,  the  question  of  slavery 
or   freedom   has   passed   out   of   their   control.      So   that 
each  case  must  alwavs  be  decided  as  it  arises — indepen- 


JUDGR,   AUTHOR  AND  PROFESSOR  OF  LAW        147 

dent  of  any  supposed  compromise.  One  Conp^ress  can- 
not bind  its  successors.  Each  has  the  riglit  to  act  for 
itself.  If  we  desire  to  impose  the  restrictions  recjuired 
by  the  principles  of  the  Missouri  Compromise,  or  those 
of  the  Wilmot  Proviso  we  can  only  do  so  by  amending 
the  constitution  so  as  to  confer  the  necessary  power 
upon  Congress.  If  this  amendment  should  be  proposed 
1  should  not  be  disposed  to  adopt  the  line  of  the  Missouri 
Compromise  or  any  other  line  until  we  know  what  terri- 
tory was  to  be  the  subject  of  compromise  or  division. 
At  present  we  know  not  the  extent  of  territory  to  be 
acquired.  It  is  as  likely  to  be  the  whole  of  Mexico  as 
a  part.  I  perceive  no  other  way  to  bring  the  present 
war  to  a  close,  than  that  of  entire  subjugation  of  a  people 
who  have  wronged  us  by  land  and  sea,  who  refuse 
all  indemnity  for  the  past  and  atonement  for  the  future, 
who  claim  to  deprive  a  free  state  of  her  liberty  and  in- 
dependence, who  invaded  our  territory  and  sought  to 
hold  in  worse  than  Egyptian  bondage  the  youngest  of 
our  confederacy ;  and  also  who,  after  a  succession  of 
unexampled  victories  on  our  part,  as  an  ultimatum  tell 
us  that  we  must  surrender  to  a  weak  and  wicked  enemy 
the  very  soil  which  has  been  rendered  sacred  by  the 
blood  and  the  graves  of  our  brethren,  and  glorious  by 
their  brilliant  achievements  in  arms."^ 

To  this  letter  Vice-President  Dallas  replied  on  the 
i6th  instant  as  follows :  "There  are  some  constitutional 
views  essential  to  the  permanency  of  the  national  demo- 
cratic party : — as  soon  as  they  cease  to  be  the  basis  of 
political  action,  if  we  do  not  turn  federalists,  we  become 
something  less  honorable — mere  expediency  men.  It 
refreshed  me  greatly  to  read  your  letter  of  the  7th 
instant,  for  which  I  heartily  thank  you.  In  return,  I 
send  you  a  short  speech  delivered  by  me  at  Hollidays- 
burg  on  the  23rd  Sept.  last.  You  will  perceive  that  while 
I  harmonize  with  the  argument  and  great  current  of 
your  letter,  I  do  not  admit  the  broad  un(]ualified  posi- 
tion that  'the  territories  which  belong  to  the  nation  are 
of  course  under  national  legislation,'  be  the  subject 
matter  of  legislation  what  it  may.  If  by  'territory  more 
is  meant  than  "land' :  if  it  include  men: — then  as  soon  as 

*  A   contemporary   copy   among   the    Lewis    Papers. 


148  ELLIS  LEWIS 

the  soil  becomes  the  property  of  the  American  People, 
1  claim  to  consider  the  men  upon  it  as  a  part  of  the 
American  People,  in  whom  certain  inalienable  and 
reserved  rights  exist ;  and  I  say  that  Congress  has  not 
been  vested  by  the  Constitution  with  a  power  to  destroy 
arbitrarily  the  local  and  domestic  rights  and  relation  of 
that  or  any  other  portion  of  the  American  People. 
'Compromise,'  in  one  aspect,  is  encroachment:  in  another 
aspect,  it  is  base  and  unfaithful  surrender : — in  no  aspect 
is  it  constitutional."^  Evidently  the  repeal  of  the  Mis- 
souri Compromise  was  in  rapid  preparation. 

With  the  year  1848,  however,  came  the  Whig  suc- 
cesses in  nation  and  state,  President  Taylor  and  Gov- 
ernor Johnston  leading  in  each  respectively,  and  Judge 
Lewis  had  little  occasion  to  consider  political  move- 
ments except  so  far  as  they  related  to  the  reorganization 
of  the  judiciary.  On  the  part  of  those  interested  in 
reorganization  an  attempt  was  made  to  get  a  joint  resolu- 
tion passed  to  secure  an  elective  judiciary,  but  it  failed ; 
on  the  part  of  the  friends  of  the  judiciary  there  was 
considerable  agitation  to  secure  an  increase  in  their 
salaries.  With  the  consolidation  of  the  courts  in  Lan- 
caster County,  already  mentioned,  it  was  believed  that 
justice  demanded  the  increase  of  the  salary  of  Judge 
Lewis.  The  latter  had,  late  in  January,  1849,  come 
before  the  Legislature  in  a  communication  on  the  sub- 
ject of  capital  punishment,  in  which  he  advocated  the 
substitution  of  solitary  imprisonment,  but  a  Whig  gov- 
ernment was  not  likely  to  respond  with  great  alacrity 
to  the  suggestion  of  so  good  and  able  a  Democrat  as 
the  President  of  the  Lancaster  courts.  This  was  all  the 
more  true  since  one  branch  of  the  Legislature,  while 
content  that  the  work  of  a  mayor's  court  and  the  special 
"District"  court  should  be  thrown  on  the  shoulders  of 
the  President  of  the  Second  District  were  not 
willing  to  adjust  the  salary  to  the  change.  Leading 
members  of  the  Lancaster  bar,  knowing  this  and  fearing 
Judge  Lewis  would  resign,  addressed  him  on  the  subject, 
saying,  among  other  things :  "We  have  heard  it  inti- 
mated, since  the  Legislature  have  refused  to  render  you 
this  act  of  justice,  that  you  contemplated  a  resignation. 

'  Lewis  Papers. 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW       149 

We  hope  that  such  is  not  your  resolve — that  you  will 
still  preside  on  a  bench  which  you  have  adorned  with 
so  much  learninij  and  ability,  until  another  effort  can 
be  made  to  have  justice  done  both  unto  yourself  and 
unto  those  whom  you  have  so  well,  and  truly,  and  faith- 
fully served."' 

"Gentlemen":  replied  Judge  Lewis  on  the  ist  of 
February  (1849),  "your  communication  relative  to  the 
judicial  business  of  this  District  has  been  received,  and 
I  return  the  most  heartfelt  acknowledgments  for  its 
expressions  of  regard  and  of  approbation  of  the  manner 
in  which  my  official  duties  have  been  discharged.  Com- 
ing from  individuals  whose  education  and  pursuits  render 
them  the  most  competent  judges — springing  sponta- 
neously from  all  parties — from  the  mature  judgment  of 
experienced  age,  and  from  the  fresh  hearts  of  vigorous 
youth — from  men  heretofore  distinguished  by  exalted 
official  stations,  and  from  others  who  are  deservedly 
reaping  a  rich  harvest  in  the  field  of  professional  labor, 
such  a  testimony  is  the  highest  reward,  next  to  an 
approving  conscience,  which  a  public  servant  can  receive 
upon  earth.  Prizing  your  favorable  judgment  thus 
highly,  and  regarding  it  as  representing  the  kindness 
and  confidence  which  have  ever  been  extended  to  me  by 
the  upright  and  intelligent  citizens  of  Lancaster  County, 
it  will  be  my  constant  endeavor  to  deserve  its  con- 
tinuance. 

"The  proposition  to  repeal  two  other  Courts,  of  nearly 
thirty  years'  standing,  and  to  require  from  the  Judges 
of  the  Common  Pleas,  ivithout  any  provision  whatcz'cr  for 
compensation,  the  performance  of  onerous  duties  which 
have  heretofore  been  valued  and  paid  for  by  the  State 
at  $2600  per  annum,  is  so  unjust  in  its  operation,  and 
so  startling  in  the  principle  involved,  as  to  preclude  all 
hesitation  in  regard  to  the  course  to  be  pursued.  The 
hardship  and  injustice  of  this  proposition  is  the  more 
apparent  when  it  is  stated  that  although  I  consented  to 
accept  the  office  which  I  now  hold  in  consideration  that 
the  salary  was  $2000  per  annum,  yet  a  great  portion  of 
this  sum  has  been  withheld  for  six  years  and  only  the 
small  sum  of  $1600  per  annum  actually  appropriated,  for 

•  The  names  signed  to  this  paper  included  forty  of  the  ablest  members 
of  the  bar.     The  Pennsylvanian,  May   ii,   1849,  reprinted  from  the  Lancasterian. 


ISO  ELLIS  LEWIS 

discharging  the  laborious  duties  of  the  President  of  the 
Common  Pleas — of  the  Orphans'  Court — of  the  Regis- 
ter's Court — and  of  the  Court  of  Quarter  Sessions,  and 
Oyer  and  Terminer,  for  the  large  and  populous  county 
of  Lancaster.  The  inadequate  compensation  provided 
for  judicial  services  throughout  the  State,  and  partic- 
ularly for  those  rendered  by  the  Judges  of  the  Supreme 
Court,  has  been  lamented  by  the  wisest  and  purest  men 
in  the  Commonwealth,  as  tending  to  deprive  the  public 
of  the  services  of  the  most  competent  officers.  But  the 
question  presented  in  this  district  is  zvhethcr  the  constitu- 
tional provision  respecting  compensation  may  be  entirely 
abrogated  by  the  imposition  of  new  and  enormous  labors, 
zvithoiit  any  compensation  zuhatever.  If  this  may  be  done 
the  Judges  may  be  indirectly  legislated  out  of  office,  whenever 
a  change  of  parties  may  off^er  a  temptation  to  the  eager 
expectants  of  patronage. 

"The  great  feature  of  our  government  is  the  distinct 
recognition  of  three  co-ordinate  and  independent  depart- 
ments, intended  to  operate  as  checks  upon  each  other. 
The  rights  of  life,  liberty,  and  property  depend,  in  an 
especial  manner,  upon  preserving  the  independence  of 
the  Judicial  Department.  It  was  not  for  the  benefit  of 
the  Judges,  but  for  the  higher  purpose  of  enabling  them 
to  protect  the  citizen  in  his  rights,  that  the  constitution 
threw  its  guards  around  them,  and  denied  to  the  Legis- 
lature the  power  either  to  require  'services'  without  pro- 
viding an  'adequate  compensation,'  or  to  'diminish'  that 
compensation,  after  it  shall  have  been  'fixed  by  law,' 
either  at  the  time  of  accepting  the  office,  or  when  the 
increased  duties  were  imposed.  When  new  and 
onerous  duties  are  requird,  the  legislative  powers  may 
adjudicate  upon  the  amount  of  compensation,  and  its 
judgment  is  necessarily  conclusive;  but  where  no  such 
judgment  is  given,  and  no  compensation  whatever  is 
provided  for  such  increased  services,  there  can  be  but 
one  opinion  among  sound  jurists  and  honest  men,  on  the 
question  of  constitutional  power.  The  Legislature  of 
this  free  commonwealth  possesses  not  the  boasted 
omnipotence  of  the  British  Parliament.  On  the  contrary, 
with  the  exception  of  jurisdiction  over  its  members,  each 
House  is  clothed  only  'with  the  powers  necessary  for 


JUDGE,  AUTHOR  AND  PROFESSOR  OF  LAW       151 

a  branch  of  the  Legislature  of  a  free  State.'  Under  this 
restriction,  the  law-making  power  is  not  authorized  to 
perpetrate  a  manifest  wrong — or  to  reduce  to  slavish 
dependence  upon  its  will  a  co-ordinate  branch  of  the  gov- 
ernment, by  imposing  enormous  labors  without  com- 
pensation. It  cannot  abolish  existing  tribunals,  without 
providing  others  to  give  'remedy  by  due  course  of  law ;' 
nor  can  it  throw  obstructions  in  the  stream  of  that  'jus- 
tice,' which  the  courts  cannot  arrest,  and  which  the 
Legislature  can  neither  'deny  or  delay.'  There  is  no 
power  in  a  'free"  government  to  produce  such  a  state 
of  anarchy  and  injustice. 

"The  comity  due  from  one  department  to  another 
will  always  induce  a  postponement  or  waiver  of  ques- 
tions of  this  nature,  when  there  is  nothing  intolerable 
in  the  burthens  imposed,  and  nothing  indicating  danger 
to  the  constitutional  authority  of  the  Judiciary ;  and, 
consequently,  to  the  rights  of  the  people.  But  when 
these  are  threatened,  there  is  no  course  left  but  that  of 
a  faithful  and  firm  adherence  to  the  paramount  law.  The 
Judge  who  clings  to  office  with  such  tenacity  as  to  shrink 
from  his  high  duty  in  this  respect,  disgraces  himself, 
dishonors  the  Bench,  and  is  totally  unworthy  the  con- 
fidence of  an  enlightened  people.  Entertaining  these 
views,  and  having  my  ambition  abundantly  gratified  by 
the  marks  of  public  confidence  already  received,  it  was 
my  wish  to  make  room,  at  once,  for  some  one  who  might 
be  willing  to  accept  the  burthens  proposed  to  be  imposed, 
and  thus  to  dispose  of  the  constitutional  question  and 
avoid,  at  the  same  time,  the  public  embarrassment  which 
may  contingently  arise.  But,  in  obedience  to  the  kind 
wishes  of  the  Bar,  I  shall  remain  at  my  post,  and  shall, 
as  ever,  do  my  part  in  maintaining  the  independence  of  the 
Judicial  Power  in  all  its  constitutional  vigor. 

"Those  who  are  familiar  with  legislation  know  how 
to  appreciate  and  excuse  the  embarrassment  and  delays 
Avhich  occasionally  occur  in  the  actions  of  deliberative 
bodies.  It  is  generally  the  result  of  conflicting  opinions 
as  to  the  proper  time  or  proper  means  of  accomplishing 
the  end  desired,  and  not  the  offspring  of  intentional 
wrong.  I  would  be  the  last  to  impute  to  the  enlightened 
representatives  of  the  people   a   desire   to  deny   to  the 


152  ELLIS  LEWIS 

'laborer'  'his  hire,'  or  to  disregard  the  plain  provisions 
of  the  Constitution.  If  such  should,  however,  be  the 
result  of  the  ultimate  legislation  on  this  subject,  I  have 
said  enough  to  indicate  that  it  cannot  be  successful, 
unless  followed  by  a  further  outrage  of  sufficient  magni- 
tude to  attract  the  attention  of  the  people  to  the  ques- 
tion. From  my  knowledge  of  the  gentlemen  composing 
the  present  Legislature,  the  belief  is  indulged  that 
justice  will  be  done  in  the  premises,  before  the  adjourn- 
ment."^ And  the  Legislature  did  so  far  meet  the  require- 
ments indicated  as  to,  in  two  clauses  headed  "Provided" 
and  "And  provided  further,"  allow  compensation  to  "the 
present  President  Judge"  up  to  but  not  over  two  thousand 
dollars  yearly.  This  was  a  species  of  compromise  that 
permitted  Judge  Lewis  to  continue  as  President  Judge 
of  the  Second  District  with  its  new  burdens ;  and  indeed 
he  so  distinguished  himself  in  subduing  the  great  mass 
of  business  that  it  marked  him  for  higher  honors,  should 
the  attack  on  the  whole  judiciary,  which  was  making 
such  quiet  headway  even  at  this  time,  become  eflfective. 

'  Pennsylvania  Laws,  1849,  p.  256-7.  The  salaries  of  Judges  in  Pennsylvania 
at  this  period  were  interesting  as  compared  with  those  of  to-day.  The  Judges 
of  the  Supreme  Court  had,  including  mileage:  $4,024.67  for  Chief  Justice  Gib- 
son; $3,576.06  for  first  Associate  Rogers;  the  others,  Justices  Bell,  Coulter 
and  Burnside  getting  $2,482  each.  The  First  District  (Philadelphia)  judges 
received  $2,600  apiece,  all  these  figures  including  mileage,  so  that  those  who 
had  no  travelling  to  do  are  favored  ones.  The  districts  having  the  next  to 
these  were  those  having  $2,000  salaries,  or  slightly  over  that,  with  mileage: 
Lewis'  district,  Woodward's  district,  McClure's  district,  Black's  district, 
Bredin's  and  A.  S.  Wilson's.  Church  and  Eldred  had  $i,8oo  and  over; 
Jones,  Krause,  Knox,  Jessup,  Williston,  Gilmore,  Durkee,  Kidder  and  Tay- 
lor $1,700  and  over;  and  the  rest  were  $1,600  and  over.  These  were  the  figures, 
as  nearly  as  investigators  at  the  time  could  compile  them.  The  Pennsylvanian, 
Feburary  19,   1851. 


Molton  C.    Rogers 

From    a    daguerreotype    in 

possession  of  the   Misses 

Foard,    Camden,    N.   J. 


Thomas    Burnside 

From    a    portrait    of    his 

early  years 

in   possession  of 

Mrs.    H.    C.    Valentine, 

Bellefonte,     Pa. 


John    Bannister    Gibson. 

Chief  Justice, 

From  a  print  in 

Roberts'   Sketches  of  Gibson, 

Law  Association, 

Philadelphia 


Richard    Coulter 

From    an    engraving    in    the 

office  of  the  Prothonotary  of  the 

Supreme  Court, 

Philadelphia 


Thomas  S.  Bell 

From   a   photograph 

in  possession  of  the 

Law    Association, 

Philadelphia 


Th^   Last   Ai'kointive   Sitreme   Court   of    I'ennsvl\  am/ 
before   the   elective  judiciary   of  iSso 


CHAPTER  X 

Popular    Demand    for    an    Elective    Judiciary    in 

Pennsylvania  and  the  Campaign  for  the  First 

Elective   Supreme    Bench,   to    Which 

He  Is  Elevated 

1850 

For  more  than  a  decade  past  there  had  been  two 
sources  of  rumbling  discontent  so  far  as  the  judicial 
system  was  concerned,  but  as  it  had  little  immediate 
relation  to  the  career  of  Judge  Lewis,  but  slight  notice 
of  it  was  necessary  in  describing  the  period.  The  contest 
which  produced  the  constitutional  amendment  left  a 
feeling  with  the  people  that  a  limited  term  was  not  suffi- 
cient to  bring  the  judges  under  full  responsibility  to 
them,  while  a  great  number  of  the  best  judges  and 
lawyers  resented  the  innovation  as  pure  radicalism. 
Many  of  even  the  highest  members  of  the  bench  were 
not  slow  to  express  their  discontent  in  unmistakable 
terms.  This  smouldering  element  on  both  sides  boded 
no  good  to  this  feature  of  the  new  constitution.  Into 
this  situation  was  injected  another  element  which  had 
been  long  in  operation,  but  which  political  conditions 
intensified,  namely,  the  custom  of  appointing  judges  to 
districts  without  regard  to  residence  in  them.  There  is 
no  evidence  that  Judge  Lewis  did  not  believe  in  the 
measures  the  people  had  taken,  and  it  would  be  in  keep- 
ing with  his  whole  career  if  he  thoroughly  approved  of 
the  restrictions  of  1838;  nor,  in  consequence,  were  the 
people  other  than  friendly  to  him  personally,  and, 
although  he  was  imported  into  Lancaster  district,  he 
was  popular  there  and  soon  won  even  affection  and 
loyalty.  Such  was  not  the  case  in  some  parts  of  the 
state,  however,  and  especially  in  those  counties  or  dis- 
tricts which  were  of  a  different  political  complexion  from 
that  of  the  Governor  who  appointed  their  judges,  and 
it  was  at  this  particular  part  of  the  machinery  that  fric- 

153 


154  ELLIS  LEWIS 

tion  arose,  so  violent  in  character  that  it  set  the  whole 
state  aflame. 

Not  that  the  question  was  in  any  particular  degree 
a  question  of  judicial  ability,  for  it  was  not.  The  twenty- 
four  districts  of  Pennsylvania  were  presided  over 
at  this  time  by  as  able  a  body  of  law  judges  as 
ever  graced  the  benches  of  the  state.  In  the  spring 
of  1849,  when  Ellis  Lewis  became  the  sole  presiding 
judge  in  Lancaster  County,  there  were  in  the  First 
District,  Philadelphia,  Judges  Edward  King,  Anson  V. 
Parsons,  James  Campbell  and  William  D.  Kelly,  and 
a  special  "District  Court"  bench  composed  of  Judges 
George  Sharswood,  John  King  Findlay  and  George  M. 
Stroud.  In  the  Third,  Northampton  and  Lehigh,  was 
Judge  J.  Pringle  Jones;  in  the  Fourth  (Centre,  Clinton 
and  Clearfield),  Judge  George  W.  Woodward;  while  in 
Allegheny,  the  Fifth,  was  Judge  Benjamin  Patton  and 
a  special  "District  Court,"  as  in  Philadelphia.  Judge 
Gaylord  Church  presided  in  the  Sixth,  including  Erie, 
Crawford  and  Warren ;  while  in  Montgomery  and  Bucks, 
the  Seventh,  was  Judge  David  Krause.  Judge  Joseph 
B.  Anthony  had  finally  been  elevated  to  the  old  Eighth 
District,  where  Judge  Lewis  had  sat ;  Judge  Frederick 
Watts  presided  in  the  Ninth,  embracing  Cumberland, 
Perry  and  Juniata ;  and  Judge  John  C.  Knox  was  in 
Westmoreland,  Indiana  and  Armstrong.  In  Luzerne, 
Susquehanna  and  Wyoming  was  Judge  William  Jessup, 
and  in  the  Twelfth  (Dauphin  and  Lebanon)  Judge  John 
J.  Pearson  presided  as  the  law  judge.  Bradford,  Tioga, 
Potter  and  McKean  had  Judge  Horace  Williston,  and 
the  Fourteenth,  Washington,  Fayette  and  Greene,  had 
Judge  Samuel  A.  Gilmore ;  while  in  the  Fifteenth  (Ches- 
ter and  Delaware)  Hon.  Henry  Chapman  presided.  The 
Presiding  Judge  in  the  Sixteenth  (Franklin,  Bedford 
and  Somerset)  was  Hon.  Jeremiah  S.  Black,  while 
Beaver,  Butler  and  Mercer  plead  their  causes  before 
Judge  John  Bredin,  and  Hon.  Joseph  Bufifington  heard 
them  in  the  Eighteenth  (Venango,  Clarion,  Jefferson, 
Elk  and  Forest).  Decisions  were  rendered  in  the 
Nineteenth  District  (York  and  Adams)  by  Hon.  Daniel 
Durkee,  and  by  Judge  Abraham  S.  Wilson  in  Mifflin  and 
Union.     Schuylkill  County,  as  the  Twenty-first  District,. 


THE  ELECTIVE  JUDICIARY  MOVEMENT  155 

had  Judge  Luther  Kidder,  and  Hon.  Nathaniel  B. 
Eldred  presided  in  Monroe,  Pike  and  Carbon.  The 
Twenty-third  and  Twenty-fourth  were  composed  re- 
spectively of  Berks  on  the  one  hand  and  Huntingdon, 
Blair  and  Cambria  on  the  other,  with  Judge  David  F. 
Gordon  in  Berks,  and  the  Hon.  George  Taylor  in  the 
Twenty-fourth.*  It  was  not  a  personal  question  and  the 
real  nature  of  it  can  be  seen  by  an  examination  of  the 
Tenth  District,  composed  of  Indiana,  Armstrong  and 
Westmoreland,  presided  over,  as  has  been  indicated,  by 
Hon.  John  C.  Knox,  whom  the  Governor  imported  from 
Tioga  County  on  the  northern  border. 

In  1846  the  Whigs  and  Anti-Masons  were  so  success- 
ful that  they  captured  both  houses  of  the  Legislature, 
so  that  the  Governor  and  the  Senate  dead-locked  on 
many  questions,  among  them  judicial  nominations.  The 
term  of  Judge  Thomas  White,^  of  the  Tenth  District, 
approaching  its  expiration,  "16,000,"  says  Col.  A.  K.  ]\Ic- 
Clure  in  his  "Reminiscences,"  "embracing  nearly  an 
equal  number  of  Whigs  and  Democrats"  of  that  district, 
"signed  petitions  to  Governor  Shunk  asking  for  his  re- 
appointment. There  was  no  blemish  on  Judge  White's 
judicial  record  that  could  be  urged  against  him,  but 
Governor  Shunk,  in  obedience  to  the  imperious  demands 
of  party  interests,  refused  to  nominate  the  Whig  Judge. 
At  different  times  he  sent  several  names  of  Democrats 
to  the  Senate  to  fill  Judge  White's  place,  and  all  of 
them  were  admittedly  eminently  qualified,  alike  in 
character  and  attainments,  to  fill  the  judicial  chair,  but 
the  Whig  Senators  decided  with  entire  unanimity  that 
they  would  not  be  a  party  to  the  sacrifice  of  one  of  the 
ablest  and  most  popular  Judges  of  the  state  simply 
because  of  his  political  faith,  and  every  nomination  sent 
to  the  Senate  was  promptly  rejected.  The  agitation 
became  intense  in  Judge  White's  district,  and  the  contest 
naturally  attracted  very  general  attention  throughout  the 
state.  The  Senate  claimed  that  it  was  part  of  the 
appointing  power  as  a  co-ordinate  branch  of  the  Govern- 
ment, and  that  it  could  not  consistently  permit  a  com- 
petent and  faithful  Judge  to  be  smitten  because  he  hap- 

*  The  Pennsylvanian  (Forney,  editor).  April  26,  1849.  Just  why  the  Pitts- 
burgh  "district   court"   list   should  be   omitted   here   is   not   known. 

-  Judge  White  was  the  father  of  Judge  Harry  White,  long  well  known 
as  the  President  Judge  of  the  bench  of  Indiana  County   in  recent  years. 


IS6  ELLIS  LEWIS 

pened  to  harmonize  with  the  Senate  in  political  faith 
rather  than  with  the  executive.  It  was  the  burning 
question  of  the  state  for  a  year  or  more,  and  it  started 
in  every  section  of  the  commonwealth  an  organized 
effort  to  strip  the  executive  of  the  appointment  of 
Judges  in  the  interest  of  a  non-partisan  judiciary.  In 
the  meantime  Judge  White's  district  was  without  a 
Judge,  and  great  inconvenience  was  suffered  by  the  peo- 
ple. The  result  was,  after  Shunk's  reelection  in  the  fall 
of  1847,  the  Whig  Senators  regarded  the  contest  as 
hopeless,  and  they  finally  indicated  a  Democrat  who 
could  command  an  affirmative  vote  in  the  Senate.  John 
C.  Knox  had  been  several  sessions  in  the  House  as  a 
Representative  from  Tioga  County,  and  was  accepted 
as  the  Democratic  leader  of  the  body.  He  was  young, 
delightful  in  companionship,  able  in  council  or  debate, 
and  personally  popular  with  both  sides  of  the  chamber. 
He  was  indicated  by  the  Whig  Senators  as  the  man  they 
would  confirm,  and  he  was  nominated  by  the  Governor, 
who  was  glad  to  emerge  from  the  conflict  with  a  Demo- 
cratic judge,  *  *  '^  ."  It  required  but  one  or  two 
similar  contests  to  convince  the  people  that  if  justice 
was  to  be  subordinate  to  party  interests  they  could  do 
that  well  themselves  and  possibly  improve  upon  it.  This 
was  a  long  step  to  the  conviction  that  now  was  the  time 
for  the  people  to  elect  the  judiciary  themselves. 

What  they  actually  did  may  be  seen,  after  it  was 
done,  through  the  eyes  of  one  of  the  ablest  opposers  of 
the  elective  principle,  namely,  the  distinguished  Phila- 
delphia lawyer,  Charles  J.  Ingersoll,  writing  late  in  1849, 
two  years  after  the  above  incident.  ''As  lately  as  the 
session  of  1848,"  he  says  in  the  leading  published  argu- 
ment against  the  system,  "a  Senate  resolution  for  elect- 
ing the  judges,  found  in  the  House,  among  the  imme- 
diate representatives  of  the  people,  but  twenty-four 
members  to  vote  for  it;  and,  as  no  debate  on  this  subject 
had  been  heard  there  between  the  concurrence  with  the 
Senate  resolution  in  1849,  ^^^  the  refusal  to  concur,  in 
1848,  it  is  not  easy  to  understand  upon  what  new  motive 
or  warrant  this  most  important  step  was  ventured.  We 
verily  believe  that,  so  far  from  our  fellow-citizens  gen- 
erally having  called  for  and  expected  it  at  the  hands  of 


THE  ELECTIVE  JUDICIARY  MOVEMENT  157 

the  Legislature,  there  were  few  men  within  the  four 
corners  of  the  state  who  knew  that  such  a  measure  was 
in  serious  progress.  The  newspapers  gave  little  or  no 
information  about  it.  The  papers  of  the  1st  of  March, 
1849,  announced  that,  on  the  28th  of  February,  the  day 
before,  in  'the  Senate,  the  resolution  relative  to  an 
amendment  of  the  constitution  so  as  to  make  the  judges 
elective,  was  taken  up,  and  opposed  by  Messrs.  Overfield, 
King  and  Drum,  and  supported  by  Mr.  Small ;  passed 
second  reading,  and  was  ordered  to  be  transcribed  for 
a  third  reading,'  and  those  of  the  2d  of  March,  that,  on 
the  1st  of  March,  'the  bill  for  the  election  of  the  judges 
by  the  people  was  read  a  third  time,  and  passed ;  yeas 
21,  nays  8.'  But  no  debates,  or  reports  of  debates,  no 
public  agitation  or  discussion,  either  in,  or  out  of  doors, 
of  this  most  grave  topic  arrested  the  attention  of  the 
country,  or  gave  warning  of  what  was  at  hand.  When 
the  question  came  before  the  House,  on  the  2d  of  April, 
after  being  reported  against  by  the  Judiciary  Committee, 
members,  incredible  as  it  may  appear,  would  listen  to 
no  discussion ;  the  previous  question  was  called,  debate 
cut  off,  and  Mr.  Corny n,  of  Huntingdon  County,  who 
was  addressing  them  in  strong  and  convincing  terms, 
was  stopped  in  the  midst  of  his  speech.  It  is  actually 
a  fact,  established  by  eye-witnesses,  and  vouched  by  the 
journal,  that  the  constitution  of  the  state  was  not,  by 
the  representatives  of  the  people,  thought  to  be  w^orh 
an  argument.  While,  as  the  same  journal  exuberantly 
proves,  divorce  bills,  bank  bills,  charters  for  hose  com- 
panies, gas  works  and  graveyards,  bills  to  change  men's 
names,  to  gratify  their  whims  and  fancies,  or  facilitate 
the  conveyance  of  their  estates,  bills,  in  a  word,  for  the 
relief,  ease,  or  comfort  of  this  or  that  individual,  could 
be  debated  ad  libitum,  this  high  constitutional  question, 
which,  for  good  or  evil,  touched  the  condition  of  every 
man,  woman  and  child  in  Pennsylvania,  was  denied  the 
de<;ency  of  a  hearing!"  Referring  to  the  judiciary  he 
adds:  "Its  enemies  say,  and  they  are  not  a  few,  in  the 
year  1790  we  made  the  judiciary  independent,  we  gave 
it  the  life  tenure,  we  entrusted  the  power  of  appointment 
to  the  executive,  and  we  then  made  a  forty-nine  years' 
experiment  of  it,  and  il  failed.     In  1839  we  modified  it, 


T58  FXLIS  LEWIS 

making-  the  tenure  of  office  for  a  term  of  years  only, 
instead  of  for  life,  but  still  leaving  the  appointing  power 
with  the  governor,  to  be  aided  by  the  Senate ;  we  then 
had  a  nine  years'  experiment  of  it,  and  it  failed  again. 
And  now  we  are  going  to  make  root  and  branch  work ; 
it  shall  go  to  the  polls  with  the  governor  and  Legisla- 
ture." With  this,  by  the  way  of  introduction,  Mr.  In- 
gersoll  takes  up  his  argument  to  overcome  that  vote  of 
21  to  8  in  one  house  and  56  to  26  in  the  other,  which 
was  based  not  merely  upon  the  political  rivalry  of  the 
legislative  and  executive  branches  of  the  state  govern- 
ment, but  upon  the  fact  that  other  states  had  decided 
for  an  elective  judiciary,  notably  New  York,  which  had 
had  nearly  two  years'  experience  under  the  system.^ 

Fortunately,  a  member  of  the  Legislature  who  favored 
the  amendment,  now  a  venerable  metropolitan  judge, 
has  happily  told  his  story  of  it  also.  "The  first  question 
that  I  recall  of  great  public  interest  connected  with  our 
profession,"  said  Hon.  Craig  Biddle,  of  Philadelphia,  in 
an  address  some  years  since,  "was  the  question  whether 
it  Avould  not  be  desirable  that  the  judges  of  our  court 
should  be  made  elective  by  the  people,  instead  of,  as 
then,  appointed  by  the  Governor  and  confirmed  by  the 
Senate.  A  vacancy  had  recently  occurred  in  our  Com- 
mon Pleas  Court  and  our  community  was,  of  course, 
very  desirous  that  it  should  be  acceptably  filled.  The 
contest  for  the  ofifice  named  had  brought  itself  down  to 
two  of  our  fellow-citizens,  both  of  whom  had  warm 
adherents.  The  Governor  was  asked  to  give  their 
friends  a  hearing,  so  that  they  might  present  to  him 
their  respective  merits.  A  day  was  named  by  the  Gov- 
ernor, and  the  parties  found,  rather  to  their  surprise,  on 
arriving,  that  the  same  day  and  same  hour  had  been 
appointed  for  both  of  them.  The  interview  was  had, 
and  at  its  conclusion  the  Governor  said  that  he  had  no 
doubt  the  worthy  gentlemen  named  were  admirably 
suited  to  the  office,  but  he  had  made  up  his  mind  to 
appoint  a  political  friend  of  his  own,  who  resided  in  the 

^  "Some  Objections  to  a  Joint  Resolution,  Passed  at  The  Last  Session 
of  the  Legislature,  and  About  to  be  Submitted  at  the  Approaching  Session, 
Kecommending  to  the  People  of  Pennsylvania  An  Elective  Judiciary,  Decem- 
ber, 1849."  It  was  well  known  at  the  time  to  be  the  work  of  Mr.  IngersoU, 
although   his   name   does   not   appear  on   the  pamphlet. 


THE  ELECTIVF.  JUDICIARY  MOVEMENT  159 

interior  of  the  State,  and  he  \vould  at  once  send  him 
down.  This  certainly  solved  the  difficulty,  and,  at  the 
same  time,  offended  the  friends  of  both  candidates. 
While  they  were  prepared  to  submit  to  the  result  of  the 
choice  between  them,  they  were  quite  unprepared  to 
have  a  non-resident  stranger  placed  over  the  heads  of 
both  of  them.  After  this,  the  idea  that  Judges  should 
be  elected  by  the  citizens  of  their  respective  districts 
met  with  very  receptive  minds  in  our  community.  *  ''' 
*  It  happened,  fortunately,  that  I  was  a  member  of  the 
Legislature  for  1849  ^'^^^  1850,  as  a  representative  from 
the  city  of  Philadelphia,  and  Judge  Finletter,  in  1850, 
was  a  delegate  from  the  County  of  Philadelphia,  they 
then  having  different  representatives.  We  are  both 
in  accord  on  this  question.  In  the  Legislature  of  1849 
there  was  very  little  organized  opposition  to  the  passage 
of  the  amendment,  it  being  supposed  that  it  could  readily 
be  defeated ;  but,  through  the  exertion  of  Mr.  Swartz- 
welder,  an  able  lawyer  from  Pittsburgh,  we  succeeded 
in  carrying  it. 

"Before  the  meeting  of  the  next  Legislature,"  con- 
tinues the  venerable  Philadelphia  jurist,  "it  began  to  be 
realized  that  its  passage  would  remove  from  office  every 
Judge  in  Pennsylvania,  then  numbering  about  one  hun- 
dred and  sixty.  They  and  their  numerous  friends  every- 
where were  rallied  for  its  defeat.  Mr.  James  Madison 
Porter,  at  one  time  Secretary  of  War,  an  able  lawyer 
and  forcible  speaker,  was  sent  to  the  House  of  Repre- 
sentatives from  Northampton  County  and  led  the  opposi- 
tion. Mr.  Horace  IJinney  gave  his  great  name  and 
influence  against  it  here  in  Philadelphia.  The  ablest 
attack  on  it,  however,  was  from  Mr.  Charles  Ingersoll, 
of  Philadelphia,  who,  in  an  admirable  pamphlet  of  sixty 
pages,  stated  in  vigorous  terms  all  that  could  be  said 
against  it.  This,  of  course,  we  from  Philadelphia  were 
especially  expected  to  reply  to  in  our  speeches  on  the 
floor,  and  we  made  it  the  object  of  attack.  The  amend- 
ment *  *  '-^^  had  *  *  to  go  before  the  people. 
Of  them  we  had  no  fear,  the  average  politician,  we 
thought,  would  be  very  shy  of  going  before  the  people 
and  trying  to  convince  them  that  their  intelligence  was 


i6o  ELLIS  LEWIS 

insufficient  to  enable  them  to  choose  their  own 
Judges."^ 

During  the  session  of  the  early  half  of  1850  this 
pamphlet,  as  well  as  other  intiuences,  produced  an 
amount  of  debate  in  the  Legislature  so  exhaustive  as  to 
quite  balance  the  absence  of  it  the  previous  session. 
The  result  showed  it  all  in  vain,  however,  and  the 
amendment  went  before  the  people  in  October.  On  the 
5th  of  that  month,  Forney's  Pennsylvanian  said  edito- 
rially: "We  consider  that  the  day  has  passed  for  argu- 
ment on  this  subject,  and  particularly  with  the  Demo- 
cratic party — that  party  of  liberty  and  progress,  as  a 
mass,  have  already  decided  the  question.  They  passed 
the  law  for  submitting  the  amendment  to  the  people,  and 
beyond  doubt  the  party  in  general  will  most  triumph- 
antly carry  it  at  the  polls.  Why  not?  Are  not  the 
people  of  Pennsylvania  as  well  qualified  to  select  their 
Judges  as  those  of  New  York,  Mississippi  and  other 
states,  where  it  has  been  found  to  work  so  well?  Un- 
doubtedly they  are,  and  they  will  demonstrate  their 
ability  to  do  so  by  first  carrying  the  amendment,  and 
next  by  doing  themselves  honor  in  carrying  its  pro- 
visions into  eiTect" — all  of  which  was,  allowing  some- 
thing for  campaign  exhuberance,  a  pretty  accurate  state- 
ment of  the  situation,  although  not  quite  enough  credit 
was  given  to  a  great  body  of  Whigs  and  other  parties. 

The  amendment  carried  overwhelmingly,  by  a  vote 
of  142,390  to  71,352.  The  only  counties  which  gave  a 
majority  against  it  were  Adams,-  Blair,  Cambria,  Carbon, 
Chester,  Cumberland,  Dauphin,  Huntingdon,  Lehigh, 
Mifflin,  Northampton  and  Schuylkill — a  most  interesting 
set  of  groups,  namely,  Adams,  Cumberland,  Dauphin, 
Mifflin,  Huntingdon.  Cambria  and  Blair,  on  the  one 
hand,  with  Northampton,  Lehigh,  Carbon  and  Schuylkill 
on  the  other,  and  Chester  in  the  southeast.  Here  were  the 
conservative  influences  that  sympathized  with  the  be- 
liefs of  such  men  as  Chief  Justice  Gibson,  who  felt  so 
strongly  on  the  subject  that  he  described  himself  as  the 

^  "Reminiscences  of  the  Bench  and  Bar,"  an  address  delivered  by  Honor- 
able Craig  Biddle,  LL.D.,  President  Judge  of  the  Court  of  Common  Pleas, 
No.  1,  of  Philadelphia  County,  before  the  Law  Academy  of  Philadelphia,  May 
17,    1900. 

^  Forney's  Feiiiixyhaniaii,  23d  October,  1850.  Armstrong  County  is 
omitted  from   Forney's  list. 


THE  ELECTIVE  JUDICIARY  MOVEMENT  i6i 

last  of  the  Chief  Justices  of  Pennsylvania.  Gradually  the 
state  began  to  prepare  for  the  great  election,  and  by  No- 
vember most  of  the  Democratic  press  of  the  state  were 
convinced  that  measures  should  at  once  be  taken  for  a 
separate  judicial  convention  for  the  Justices  of  the  Su- 
preme Court.  Up  to  this  date  Air.  Forney  states  that  only 
one  Democratic  paper  had  opposed  it,*  It  was  decided  to 
call  one,  however,  for  June  6,  1851,  although  this  was 
so  close  to  the  gubernatorial  convention  that  it  was 
destined  to  be  put  off  a  little  later,  namely,  the  nth, 
at  Harrisburg. 

Candidates  for  the  Supreme  Bench  were  brought 
forward  during  the  winter,  and  it  was  plain  that  the 
home  of  James  Buchanan  was  intent  upon  their  Presi- 
dent Judge  for  one  of  the  places.  Hon.  James  Campbell, 
of  Philadelphia,  was  one  of  the  candidates  and  the  one 
who  was  attacked  the  most  bitterly  because  he  was  a 
Catholic.  On  the  17th  of  January,  185 1,  Judge  Lewis 
presided  at  a  banquet  in  Lancaster  to  celebrate  Frank- 
lin's birthday.  It  was  so  important  an  event  as  to  be 
reported  in  full  in  the  Philadelphia  papers,  and  one  of 
the  toasts  was  to  the  presiding  officer  himself.  Along 
in  February  (the  nth)  a  letter  appeared  in  the  Pennsylva- 
nian  telling  of  a  remarkable  case  of  dispatch  in  Judge 
Lewis'  court :  It  was  a  case  of  slander,  the  words  being 
spoken  on  September  5,  1850,  the  action  brought  on 
December  4th,  plea  entered  December  28th,  and  verdict 
rendered  February  5th.  "When  it  is  recollectd,"  said 
the  writer,  who  signed  himself  "S,"  that  Lancaster 
County  contains  one-seventeenth  of  the  population,  and 
one-tenth  of  the  property  of  Pennsylvania,  exclusive  of 
the  counties  of  Philadelphia  and  Allegheny,  in  which 
there  are  District  Courts,  and  that  one  law  judge  now 
transacts  the  entire  business  of  Lancaster  City  and 
County,  in  which  it  was  formerly  thought  necessary  to 
maintain  a  District  Court  and  a  Mayor's  Court,  this 
dispatch  cannot  fail  to  appear  extraordinary." 

On  March  15th,  the  Democratic  county  convention 
met  at  Lancaster,  and  among  other  things  they  resolved 
"that  we  are  in  favor  of  selecting  as  candidates  for  the 
Judiciary   men   whose    moral    characters   are    above    re- 

'  Ibid.,  November  ii,  1850. 


i62  ELLIS  LEWIS 

proach,  who  are  known  to  possess  talents  of  a  high  order, 
and  whose  honesty  and  integrity  as  jurists  will  be 
sufficient  guarantee  that  in  their  hands  the  rights,  liberty, 
and  property  of  the  people  will  be  safe.  And  as,  from 
the  size,  population  and  importance  of  Lancaster  County, 
we  deem  her  claim  to  one  of  the  candidates  to  be  entitled 
to  proper  consideration,  we  respectfully  recommend  to 
the  State  convention  our  esteemed  fellow  citizen,  Hon, 
Ellis  Lewis,  whose  well-known  talents,  energy  and  in- 
dustry, have  very  properly  placed  him  in  the  front  rank 
of  Pennsylvania  jurists,  and  whose  great  popularity  in 
Lancaster  County,  and  throughout  the  State,  would 
strengthen  the  judicial  ticket,  and  insure  its  election  by 
a  triumphant  majority."^  They  also  lauded  the  name  of 
Buchanan  as  a  candidate  for  the  presidency. 

Another  important  feature  of  the  life  of  Judge  Lewis 
may  be  mentioned  at  this  point  in  connection  with  the 
announcement  on  May  7th  that  he  was  reelected  Presi- 
dent of  the  Williamsport  and  Elmira  Railroad,  in  which 
he  had  been  long  interested.  This  was  to  connect  with 
the  New  York  and  Erie  road.  "When  it  is  considered," 
said  an  editorial  in  a  Philadelphia  paper,  "that  the  Lake 
trade,  for  the  year  1848,  amounted  to  the  enormous  value 
of  $186,484,905,  being  forty  millions  of  dollars  more 
than  the  whole  foreign  export  trade  of  the  United  States 
— that  this  trade  is  constantly  increasing — that  a  very 
large  portion  of  it  will  proceed  to  the  seaboard  by  way 
of  the  New  York  and  Erie  Railroad — that  on  arriving 
at  Elmira,  both  Philadelphia  and  Baltimore  may  be 
reached  by  the  W.  and  E.  Railroad,  at  a  shorter  distance 
and  by  better  grades  than  to  New  York  City  —  it  is 
manifest  that  the  Williamsport  and  Erie  Railroad 
must  be  regarded  as  one  of  the  most  important  and 
profitable  Railroads  in  the  United  States."^  It  was  not 
yet  completed.  The  road  was  one  of  the  oldest  chartered 
in  the  United  States,  dating  back  to  1832.  It  is  inter- 
esting also  to  note  that  the  first  twenty-five  miles  of 
this  road  was  laid  with  wooden  rails  and  that  horses 
were  the  motive  power.  It  was  only  two  or  three  years 
after  this  date  that  these  gave  way  to  iron  rails  and 

^  The    current   Lancaster   Intelligencer. 
'  The  Fennsylvanian,   May  7,   1851. 


THE  ELECTIVE  JUDICIARY  MOVEMENT  163 

engines.    It  is  now  a  part  of  the  Pennsylvania's  Northern 
Central  Line.^ 

The  railway  was  a  mere  incident  in  Judge  Lewis' 
experiences  during  the  spring  of  1851.  The  Judicial 
convention  met  on  June  nth  at  Harrisburg,  and  Hon. 
William  Wilkins,  of  Pittsburgh,  was  made  permanent 
chairman.  "We  are  called  upon,"  said  he,  "in  accordance 
■with  the  provisions  of  an  amendment  to  the  Constitution, 
to  designate  the  individuals — for  I  firmly  believe  they 
whom  we  designate  will  be  elected — who  shall  occupy 
the  Supreme  Bench  of  the  State  of  Pennsylvania.  And 
here  it  becomes  us  to  reflect  upon  the  nature  of  this 
highest  department  in  the  government.  It  may  be  styled 
an  oligarchy — an  aristocracy — so  illimitable  is  its  power. 
They  can,  by  their  decisions,  nullify  the  combined  action 
of  the  Legislature  and  the  Executive  power,  and  upon 
them  devolves  the  construction  of  our  Constitution."  He 
then  expressed  regret  that  the  people  did  not  provide 
for  direct  election  of  a  Chief  Justice,  instead  of  allowing 
it  to  be  done  by  "the  toss  of  a  copper."  The  nominations 
were  then  made  in  the  following  order:  James  Campbell, 
John  B.  Gibson  (then  Chief  Justice),  Jeremiah  S.  Black, 
Luther  Kidder,  Richard  Coulter  (then  of  that  court), 
Walter  H.  Lowrie,  Joel  Jones,  Thomas  S.  Bell  (also  then 
of  the  court),  Ellis  Lewis,  George  W.  Woodward,  David 
Krause,  Molton  C.  Rogers  (also  of  the  court),  H.  Hep- 
burn, A.  J.  Wilson,  and  James  Thompson,  omitting  those 
withdrawn.  The  vote  was  to  be  taken  on  the  basis 
that  the  five  having  the  greatest  number  of  votes  should 
he  the  candidates.  The  first  ballot  settled  the  matter  by 
giving  Black,  of  Somerset,  99;  Campbell,  of  Philadel- 
phia, 87;  Lewis,  of  Lancaster,  78;  Chief  Justice  Gibson, 
of  Cumberland,  69;  Lowrie,  of  Pittsburgh,  68; — the  suc- 
cessful ones,  with  Kidder,  Bell,  Thompson,  Maynard, 
Woodward,  Coulter  (with  23),  Wilson,  Rogers,  Jones, 
and  Krause  in  that  order.  The  result  was  generally  well 
received.  Editor  Forney,  who  was  generally  able  to 
express  public  sentiment  well,  said :  "It  is  in  truth  a 
proud  spectacle  to  be  called  upon  to  vote  for  five  such 
men,  and  the  friends  of  the  Elective  Judiciary  have  rea- 
son to  congratulate  themselves  upon  a  result  which  the 

*  Wilson's  History  of  The  Pennsylvania  Railroad,  Vol.  I,  pp.  271-2. 


i64  ELLIS  LEWIS 

efforts  of  enemies  of  that  system  led  us  to  fear,  would 
not  be  effected  without  the  most  disastrous  dissensions." 
He  also  said :  "Of  Ellis  Lewis  we  need  say  little ;  for 
his  name  is  everywhere  accepted  as  the  name  of  one  of 
the  boldest,  ablest,  and  most  thorough  jurists  of  the 
country.  His  legal  works  are  standards  in  the  profes- 
sion, and  display  the  energy,  the  learning,  and  the 
research,  which  arc  so  essentially  his  characteristics.  He 
has  long  been  identified  with  the  Bench  and  the  Bar ; 
and,  though  still  in  the  vigor  and  prime  of  life,  he  has 
contributed  vastly  to  the  simplification  of  the  practice, 
and  to  the  popular  elucidation  of  the  principles  of  the 
existing  code."  A  public  letter  stated  that  all  the  dele- 
gates from  counties  in  which  he  had  lived  voted  for 
Judge  Lewis. ^ 

The  opposition  ticket  was  that  of  the  Whigs,  which 
was  placed  in  nomination  by  the  convention  held  at 
Lancaster  a  few  days  later,  namely,  on  June  25th.  In 
this  convention,  which  claimed  to  choose  judicial  nom- 
inees without  regard  to  party,  Richard  Coulter,  of 
Westmoreland  (then  of  the  court),  received  113  votes; 
Joshua  A.  Comly,  of  Montour,  104;  George  Chambers, 
of  Franklin  (of  the  court  also),  96;  William  M.  Mere- 
dith, of  Philadelphia,  yj ;  and  William  Jessup,  of  Susque- 
hanna, 62  (on  another  ballot,  yj),  were  chosen.-  The 
campaign  was  then  on  in  earnest,  for  the  two  tickets 
were  both  excellent,  although  the  Democratic  ticket,  as 
a  whole,  was  undoubtedly  more  in  touch  with  the  people. 
The  fact  that  Campbell,  of  Philadelphia,  was,  from  the 
first  mention  of  his  name,  bitterly  attacked  as  a  Roman 
Catholic,  indicated  a  weak  point  in  the  probability  of 
success,  while  the  co-relative  fact  that  Justice  Coulter 
had  been  nominated  in  both  conventions  and  received 
the  highest  number  of  votes  in  the  Whig  convention 
suggested  a  probable  solution  of  the  election  problem. 

President  Wilkins  and  his  vice-presidents  issued  a 
strong  address  to  the  people  on  the  judicial  nominations, 
reciting  facts,  so  far  as  Judge  Lewis  is  concerned,  that 
need  not  be  repeated.  "We  have  in  Pennsylvania,"  says 
one  paragraph  of  the  address,  "a  beautiful  system  of 
jurisprudence.     It  is  said  to  be  peculiar.     It  certainly  is 

'  The   Pennsylvanian,    June    12th,    14th,    i6th    and    25th. 
'North  American  and  Untied  States  Gasette,  26  June,   1851. 


THE  ELECTIVE  JUDICIARY  MOVEMENT  165 

not  very  well  understood  out  of  the  State,  and  its  excel- 
lence is  not  fully  appreciated  by  all  within  it.  Casting 
aside  the  trammels  of  technicality,  we  combine  in  one 
forum  and  essentially  under  the  same  form  of  proceed- 
ing, the  administration  of  law  and  equity.  With  us  law 
and  equity,  if  not  synonomous  terms,  are  both  parts  of 
a  great  whole.  For  this  admirable  system  we  are  much 
indebted  to  the  wisdom  and  forecast  of  our  ancestors. 
"Wherever  a  party  would,  in  other  States  or  countries, 
be  entitled  to  redress  at  law  or  in  equity,  he  can  obtain 
it  here  under  our  combined  system.  If  a  person  who 
has  a  just  or  lawful  claim  enters  one  door  of  the  temple 
of  justice,  we  do  not  deny  his  suit,  turn  him  out  and  bid 
him  enter  another  to  seek  the  relief  to  which  he  is 
entitled.  Our  temple  of  justice  has  but  one  door  of 
entrance,  and  our  system  is  simple  and  harmonious  in 
its  action  when  properly  understood  and  intelligently 
carried  into  execution.  It  is  challenging  and  will  con- 
tinue to  challenge,  the  admiration  of  other  governments, 
who  are  beginning  to  adopt  it,  and  we  should  be  careful 
how  we  mar  its  symmetry,  entail  upon  our  posterity  the 
evils,  delay,  expense  and  arbitrary  power  of  a  separate 
equity  administration,  and  fall  back  upon  that  which  the 
wisdom  of  experience  is  abandoning  elsewhere.  It  fol- 
lows that  in  Pennsylvania  a  man  to  be  a  good  lawyer 
or  a  good  judge  must  be  familiar  as  well  with  the  rules 
and  principles  of  law  as  of  those  of  equity.  We  looked 
for  these  qualifications  in  the  candidates  before  us,  and 
believe  we  have  essentially  obtained  them  in  the  gentle- 
men selected." 

Judge  Lewis  was  the  senior  of  this  list,  if  the  venera- 
ble Chief  Justice  Gibson,  then  seventy-one  years  of  age, 
be  excepted — an  exception  that  the  Whigs  tried  to  make 
much  of.  Lewis  was  fifty-three,  while  the  others  were 
what  would  properly  be  called  young  men :  Judge 
Lowrie,  of  Pittsburgh,  being  but  forty-four;  Judge 
P)lack,  forty-one,  and  Judge  Campbell  thirty-eight. 
Gibson  had  been  on  the  Supreme  Bench  for  thirty-five 
years  and  was  one  of  the  legal  luminaries  of  the  world, 
but  a  new  generation's  influence  was  somewhat  against 
him.  Black's  powerful  personality  stood  him  in  good 
stead  as  well  as  his  ten  years'  experience  on  the  Sixteenth 


i66  ELLIS  LEWIS 

District  bench.  Campbell  had  a  remarkable  career, 
having  had  almost  as  long  an  experience  as  a  law  judge 
on  the  Philadelphia  Common  Pleas,  to  which  he  was 
elevated  when  but  twenty-nine  years  of  age,  but  the 
feeling  against  Roman  Catholics  in  ofifice  was  a  serious 
obstacle  in  his  path.  Judge  Lowrie,  who  had  been  Pro- 
fessor of  Law  at  Pittsburgh,  in  the  Western  University, 
had  been  the  successor  of  Grier  and  Hepburn  in  the 
District  Court  there,  with  about  five  years'  experience 
and  great  popularity.  "As  will  always  be  the  case," 
reads  the  address,  "their  minds  differ  from  each  other, 
yet  in  that  very  difference,  making  up,  collectively,  as 
able  a  bench  as  perhaps  we  have  ever  had  in  Pennsylva- 
nia, and  one  which  we  cannot  too  strongly  recommend 
to  your  support.  They  are  all  pure  democratic  repub- 
licans— all  born  and  educated  within  the  bounds  of  our 
own  Commonwealth — have  all  long  served  in  the  demo- 
cratic ranks.  Before  their  appointment  to  their  present 
judicial  stations  (as  it  will  be  observed  they  were  all 
at  this  moment  Judges  of  high  standing)  they  were  men 
of  prominence  in  the  party,  and  enjoyed  its  confidence 
in  a  very  high  degree."^ 

The  Whigs  attacked  the  various  Democratic  can- 
didates, and,  among  these  attacks,  brought  up  Lewis' 
experiences  as  an  apprentice.  His  friends  thereupon 
published  an  opinion  of  his  on  a  somewhat  similar  case, 
Commonwealth  v.  Hcmperly,  the  last  paragraph  of  which 
says:  *Tn  this  case  the  master  had  no  right  to  demand 
the  services  of  the  apprentice  in  matters  not  connected 
with  the  trade  which  the  one  was  to  teach  and  the  other 
to  learn,  and  violated  his  indenture  in  forcibly  compelling 
the  apprentice  to  render  such  services,  from  time  to  time, 
as  the  master's  convenience  required,  during  the  whole 
period  that  the  boy  remained  with  him.  For  these  rea- 
sons the  apprentice  is  discharged  from  his  apprentice- 
ship, and  from  the  articles,  covenants  and  agreements 
of  his  indenture  of  apprenticeship."  The  editor  asserts 
that  Lewis  had  to  clothe  himself  during  his  apprentice- 
ship days,  showing  that  his  was  a  case  of  injustice  also.^ 
Nor  did  they  neglect  to  remind  the  public  how,  in  1833, 
many  were"sick  and  in  prison" and  he'Visited  them"  and 

*  The  Pennsylvanian,  July  3,   1851. 
2  The  Fennsylvanian,  August  13,   1851. 


Democratic   Poster 
of  the  campaign  for  the  First   Elective  Supreme  Court  in   1851, 
in  possession  of  Chief  Justice  .Tames  T.    Mitchell.    Philadelphia 


THE  ELECTIVE  JUDICIARY  MOVEMENT  167 

liberated  them  in  the  first  law  of  aboHtion  of  debt  im- 
prisonment. Nor  did  Whigs  generally  favor  the  attacks 
made  by  some  of  their  members.  The  Whig  Tribune,  of 
Lancaster,  on  August  26th,  in  a  fine  tribute  to  their 
President  Judge  said  that  such  attacks  only  hurt  the 
Whigs  themselves  and  were  deprecated  by  "intelligent 
and  respectable  Whigs." 

No  attack  seemed  to  have  any  influence,  however, 
on  the  prospects  of  any  of  the  ticket,  except  that  on 
Judge  Campbell.  On  October  4th  the  Philadelphia 
Bulletin  seemed  to  head  an  eflfort  to  put  out  tickets  on 
which  Coulter's  name  displaced  that  of  Campbell ;  at 
least  editor  Forney  charged  the  Bulletin  with  leadership 
in  the  matter.  This  proved  to  be  an  effectively  concerted 
movement  with  an  issue  of  circulars,  stating  that  many 
Democrats  had  accepted  the  substitution  as  the  best 
thing  for  the  strength  of  the  ticket.  The  Democratic 
powers  had  put  out  an  illustrated  circular  with  a  group 
of  portraits  of  their  candidates,  including  Judge  Camp- 
bell.^ The  State  Central  Committee  issued  a  warning 
against  the  Coulter  substitution  on  October  6th  in 
emphatic  capitals  of  all  sizes.  By  October  2r3rd,  when 
the  returns  were  coming  in,  the  interest  centered  in  the 
Governor  and  Judge  Campbell — the  rest  of  the  Demo- 
cratic ticket  seemed  to  be  certain  of  election  ;  but  this 
anxiety  only  foreshadowed  the  defeat  of  Campbell.  The 
returns  published  on  the  27th  as  official,  except  those 
from  Potter  County,  in  which  case  an  estimate  was 
inserted,  gave  Governor  Bigler  186,507  votes.  Among 
the  Supreme  Judges,  Black  received  the  highest  number 
— though  not  equal  to  the  Governor's — namely,  185,761  ; 
Lowrie  came  next  with  185,429;  Gibson  followed  with 
184,363,  and  Lewis  with  nearly  the  same,  184,064;  while 
Coulter  received  180,130,  as  against  Campbell's  176,071 
votes,  which  latter  was  nearly  3000  votes  ahead  of  the 
rest  of  the  Whig  judicial  candidates.  The  new  court 
was  to  meet  on  November  7th  at  Harrisburg  to  cast  lots 
for   the    shortest    term    and    the    Chief   Justiceship    and 

•  This  print  is  rare  now.  The  author  found  four  of  these  portraits  some 
years  since  in  the  possession  of  the  late  Richard  Winship.  Tne  only  otlier 
ones  he  has  seen  are  the  one  in  charge  of  the  Historical  Collection  of  the 
Pennsylvania  State  Bar  Association,  at  the  University  Law  School,  Philadel- 
phia, and  the  one  here  reproduced  through  the  courtesy  of  Hon.  James  T. 
Mitchell,   Chief  Justice. 


i68  ELLIS  LEWIS 

receive  their  commissions,  while  they  were  to  have  their 
first  session  en  banc  in  Philadelphia  the  second  Monday 
in  December.  The  casting  of  lots  resulted  as  follows : 
the  three-year  term  and  Chief  Justiceship  for  Black ;  the 
six-year  term  for  Lewis,  with  succession  to  Chief  Justice- 
ship; the  nine-year  term  to  the  ex-Chief  Justice  Gibson; 
the  twelve-year  term  to  Lowrie  and  the  fifteen-year  term 
to  Judge  Coulter.  On  December  8th  (1851),  the  Chief 
Justice  and  Justices  Lewis  and  Lowrie  were  at  McKib- 
bin's  JNIerchants'  Hotel,  at  36  North  Fourth  street;  ex- 
Chief  Justice  Gibson  was  at  the  United  States  Hotel, 
on  Chestnut  between  Fourth  and  Fifth,  and  Justice 
Coulter  at  Jones',  152  Chestnut  street,  and  the  organiza- 
tion of  the  court  was  perfected  that  day  at  the  court 
room  at  Independence  Square,  and  late  the  following 
month  James  Campbell  became  Attorney-General."^ 

Before  passing  from  this  final  conflict  in  the  long 
struggle  of  the  people  of  Pennsylvania  to  create  their 
own  judiciary  directly — a  struggle  that  began  with  the 
creation  of  the  Provincial  Supreme  Court  in  1684 — it 
will  be  interesting  to  note  a  view  of  this  conflict  a 
quarter  of  a  century  later  by  one  who  was  in  the  judicial 
convention  that  nominated  Justice  Lewis. 

"The  greatest  fear  of  the  thoughtful,"  said  James 
Alexander  Fulton,  referring  to  this  period  in  a  letter 
written  in  1873,  "was,  that  the  judicial  office  would 
become  at  once  the  prize  and  the  prey  of  the  politicians 
"  *  *  .  But  the  very  greatness  of  the  interests  at 
stake  inspired  caution  and  forbearance  in  the  outstart; 

*  It  is  interesting  to  note  that  of  the  twenty-four  President  Judges 
elected  in  the  State,  fourteen  were  Democrats  and  ten  Whigs.  The  former 
were  as  follows:  First  District  (Philadelphia),  Oswald  Thompson;  Third 
(Northampton  and  Lehigh),  Washington  McCartney;  Fourth  (McKean,  Tioga, 
Potter  and  Elk),  R.  G.  White;  Eighth  (Northumberland,  Lycoming,  Centre 
and  Clinton),  Alexander  Jordan;  Ninth  (Cumberland,  Perry  and  Juniata), 
James  H.  Graham;  Tenth  (Westmoreland,  Indiana  and  Armstrong),  J.  M. 
Burrell;  Eleventh  (Luzerne,  Wyoming,  Montour  and  Columbia),  John  N. 
Conyngham;  Thirteenth  (Bradford,  Susquehanna  and  Sullivan),  David  Wil- 
mot;  Fourteenth  (Fayette,  Washington  and  Greene),  Samuel  A.  Gilmore; 
Eighteenth  (Venango,  Clarion,  Jefferson  and  Forest),  John  C.  Knox; 
Nineteenth  (York  and  Adams),  Robert  J.  Fisher;  Twentieth  (Mifflin 
and  Union),  A.  S.  Wilson;  Twenty-first  (Schuylkill),  Charles  W.  Hegins; 
Twenty-second  (Monroe,  Pike,  Wayne  and  Carbon),  N.  B.  Eldred;  and 
Twenty-third  (Berks),  J.  Pringle  Jones.  The  Whigs  were  as  follows:  Second 
(Lancaster),  Henry  G.  Long;  Fifth  (Allegheny),  William  B.  McClure;  Sixth 
(Erie,  Crawford  and  Warren),  Elijah  Babbitt;  Seventh  (Bucks  and  Mont- 
gomery), D.  M.  Smyser;  Twelfth  (Dauphin  and  Lebanon),  J.  J.  Pearson; 
Fifteenth  (Chester  and  Delaware),  Townsend  Haines;  Sixteenth  (Franklin, 
Bedford,  Somerset  and  Fulton),  F.  M.  Kimmell;  Seventeenth  (Beaver,  But- 
ler, Mercer  and  Lawrence),  Daniel  Agnew;  and  the  Twenty-fourth  (Hunting- 
don, Blair  and  Cambria),  George  Taylor. 
— 6   Harris   4. 


THE  ELECTIVE  JUDICIARY  MOVEMENT  169 

and,  thanks  to  the  virtue  and  discriminating:^  intelligence 
of  the  citizens  of  that  noble  old  commonwealth  [Penn- 
sylvania], have  been  able  to  maintain  a  conservative 
public  opinion  ever  since.  The  small  number  of  the 
class  from  which  the  law  judj:jes  had  to  be  taken,  and 
the  infrequency  of  judicial  elections,  no  doubt  somewhat 
abashed  the  professional  politicians,  and  did  much  to 
withdraw  the  judicial  office  from  the  seething  caldron 
of  politics.  The  same  year  the  amendment  was  adopted, 
elections  were  held  for  state  officers;  and,  although 
neither  the  Democrats  nor  Whigs  had  yet  held  their 
nominating  conventions,  yet,  by  common  consent,  both 
these  great  parties  resolved  to  hold  two  distinct  conven- 
tions, one  to  nominate  candidates  for  judicial,  and  the 
other  for  political,  office.  This  was  a  wise  and  conserva- 
tive measure,  and  has  had  much  to  do  to  keep  the 
judiciary  out  of  mere  politics  ever  since. 

"Of  the  constituents  of  the  Whig  convention  I  can- 
not now  speak,  but  having  been  a  member  of  the  Demo- 
cratic judicial  convention,  I  am  able  to  say  that  it  was 
composed  almost  entirely  of  lawyers,  and  largely  repre- 
sented the  learning,  ability  and  honor  of  the  Democratic 
bar  of  Pennsylvania.  To  maintain  the  high  character 
of  the  bench  was  its  first  and  great  aim.  Hence,  political 
considerations  were  almost  entirely  discarded,  and  the 
remark  oftenest  heard  was,  T  came  here  to  nominate  the 
ablest  and  best  men  we  have.'  Indeed,  very  few  of  the 
members  of  that  convention  were  politicians,  and  would 
not  have  gone  to  a  merely  political  convention.  They 
were  lawyers,  and  went  to  maintain  the  integrity  and  vin- 
dicate the  honor  of  the  bench,  by  the  selection  of  honest 
and  capable  men.  The  result  of  their  deliberation  was 
the  nomination  of  as  good  a  ticket  for  supreme  judges 
—  all  the  state  conventions  had  a  right  to  make  —  as 
ever  was  presented  to  an  intelligent  constituency.  They 
were  John  B.  Gibson,  Ellis  Lewis,  Jeremiah  S.  Black, 
Walter  H.  Lowrie  and  James  Campbell.  They  were  all 
nominated  on  the  first  ballot,  and  were  all  elected  but 
the  last.  All  of  them  by  their  subsequent  conduct,  justi- 
fied the  confidence  of  the  convention,  and  made  for  them- 
selves a  reputation  far  more  extensive  than  the  limits 
of  their  own   State.     The  bar  took  the   work   in   hand 


170  ELLIS  LEWIS 

promptly  and  earnestly,  and  did  it  well  and  success- 
fully. 

"In  most  of  the  districts,"  continues  the  writer,  "the 
opinion  of  the  bar  has  had  a  controlling  influence  in 
the  selection  of  the  bench  ever  since  the  amendment 
was  adopted ;  and,  in  some,  a  direct  and  absolute  control. 
It  is  doubtful  whether  there  is  now  a  single  district  in 
Pennsylvania  in  which  the  opinion  of  the  bar  has  been 
disregarded  in  the  selection  of  the  judges.  Even  in 
Philadelphia,  where  the  politicians,  as  a  class,  are 
notoriously  venal  and  corrupt,  their  degrading  and 
baneful  influence  in  this  department  is  counteracted  and 
amelioriated  by  the  conservative  and  healthful  influence 
of  her  bar,  who,  upon  this  subject,  lay  aside  their  political 
preferences  and  unite  upon  candidates  whom  they 
believe  to  be  above  reproach,  and  thus,  generally,  secure 
their  triumphant  election.  By  such  influences  the 
judiciary  of  Pennsylvania  has  been  preserved  in  its 
integrity,  and  stands  now,  perhaps,  as  high  in  the  esteem 
and  confidence  of  her  people  as  ever  it  did. 

"The  old  system  gave  us  for  supreme  judges  such 
men  as  McKean,  Tilghman,  Yeates,  Huston,  Rogers, 
Sergeant  and  Bell ;  the  new  has  given  us  Black,  Lewis, 
Lowrie,  Woodward,  Thompson,  Agnew  and  Sharswood ; 
while  both  have  given  us  Coulter  and  Gibson.  I  shall 
not  compare  them  or  speak  of  their  respective  merits, 
but  only  say  that  they  all  do  honor  to  the  exalted  and 
responsible  positions  they  have  respectively  held.  It 
is  because  this  system,  under  the  amendment,  has  worked 
so  well  and  satisfactorily"  that  the  writer  thinks  it  will 
not  be  abandoned.  "Indeed,"  he'  adds,  "I  may  remark 
in  conclusion,  that  the  selection  of  the  judges  in  Penn- 
sylvania has  ever  been  in  the  hands  of  the  bar.  When 
they  were  appointed,  the  executive  was  greatly  influ- 
enced, if  not  absolutely  controlled,  by  its  wishes,  and 
now,  since  they  are  elected,  we  see  the  same  power 
directing  and  controlling  as  before.  In  both  cases  the 
result  is  a  bench  as  distinguished  for  its  ability  as  for 
its  purity — one  that  is  an  honor  to  the  law  and  to  the 
great  State  whose  judicial  system  they  both  represent 
and  uphold."^ 

*  A  letter  to  the  Albany  Law  Journal  of  February  8,  1873,  by  James  Alex- 
ander Fulton,  then  of  Dover,  Delaware,  in  relation  to  the  Constitutional  Con- 
vention of   1873-4. 


CHAPTER  XI 

A  Justice  of  the  Supreme  Court 

1851 

Tlie  career  of  a  justice  of  the  Supreme  Court,  on  its 
technical  side,  is  a  part  of  every  lawyer's  library  and 
training;,  namely,  the  opinions  rendered  by  him  which 
are  preserved  in  the  official  reports.  These  are,  as  a 
rule,  the  decisions  of  the  whole  court,  formulated  by  him 
at  their  request.  In  consequence,  the  substance  of  his 
opinion — the  material  of  decision — cannot  properly  be 
considered  personal,  as  it  is  the  common  product  of  the 
entire  court ;  although  even  the  professional  follower  of 
the  law  at  times  unconsciously  attaches  it  overmuch  to 
the  person.  In  the  expression  of  this  common  decision, 
however,  a  vast  amount  of  the  human  individual  char- 
acteristic is  injected,  so  that  decisions  of  jurists  become 
most  interesting  expositions  of  both  mind  and  character 
in  varying  degrees — and  the  mind  and  character  of  the 
members  of  the  highest  tribunals  in  our  states  and 
nation  are  of  the  inmost  texture  of  the  history  of  those 
commonwealths  and  the  national  body. 

At  the  first  session  of  the  newly-elected  Supreme 
Bench  at  Philadelphia  in  the  winter  of  1851-2,  there  were 
one  hundred  and  seven  decisions  rendered  which  required 
expression  in  an  opinion,  an  average  of  about  twenty- 
one  opinions  to  each  justice  had  they  been  evenly  dis- 
tributed. These  opinions  were  not,  however,  evenly  dis- 
tributed, but  whether  this  was  due  to  the  ill-health  of 
Justice  Coulter  or  the  advanced  years  of  the  late  Chief 
Justice  or  from  some  other  cause  is  not  now  known. 
For  some  reason  though  an  unusual  number  of  these 
opinions  were  assigned  to  Justice  Lewis,  so  great  a  num- 
ber, namely,  forty,  as  to  be  practically  the  share  of  two 
men.  And  what  interesting  contrasts  the  opinions  of 
this  body  furnish !  And  what  various  ideals  each  of 
these  justices   seemed   to   have !     There  was   the   virile 

171 


172  ELLIS  LEWIS 

free  expression  of  Black ;  the  finished  and  classically 
complete  opinion  of  Gibson;  the  vigorous  warmth  of 
Coulter;  the  full  treatment  and  ethical  flavor  of  Lowrie; 
and  the  direct,  exact  and  learned  expression  of  Lewis. 
Not,  of  course,  that  these  features  would  always  appear 
equally  noticeable,  for  often  an  opinion  is  so  purely 
technical  as  to  be  of  interest  to  the  legally  trained  alone, 
but  in  a  large  number  of  opinions  there  occur  many  that 
are  especially  characteristic. 

Justice  Lewis'  first  expression  that  has  been  reported 
was  a  dissent,  in  a  case  where  Justice  Lowrie  expressed 
the  opinion  of  the  rest  of  the  court  ;^  but  in  this  entire 
long  session  he  had  but  two  other  occasions  to  disagree 
with  the  majority  of  the  court.  His  first  opinion  was 
on  a  construction  of  the  will  of  Stephen  Girard :-  "It  is 
certainly  true,"  said  he,  "that  there  is  a  looseness  of 
expression  in  the  instrument  before  us ;  but  this  only 
demands,  with  more  urgency,  that  the  general  intent 
shall  overbear  small  objections  of  expression  and  punct- 
uation. There  is  as  much  propriety  in  understanding 
the  testator  to  speak  distributively  in  reference  to  the 
docks  and  platforms  as  in  regard  to  the  wharves.  The 
wharf,  the  dock  and  the  platform  are  so  connected  with 
each  other  in  their  construction  and  in  their  uses,  that 
they  may  be  regarded,  for  many  purposes,  as  identical. 
The  dock  is  useless  without  the  wharf ;  the  latter  is  of 
no  value  independent  of  the  dock ;  the  platform  is  but 
an  extension  of  the  wharf ;  and  the  owner  of  the  wharf 
receives  the  profits  of  the  whole.  Why  then  should  the 
charges  of  keeping  the  whole  of  this  structure  in  proper 
condition  for  its  uses  be  divided?  Why  should  a  stranger 
assume  the  duty  of  keeping  the  docks  in  order,  while 
the  owner,  who  receives  all  the  profits  of  the  dock  and 
wharf,  is  only  required  to  keep  the  wharf  in  order?  An 
unequivocal  declaration  of  such  intention  would,  of 
course,  be  regarded  and  enforced ;  but,  in  our  opinion, 
no  such  intention  is  expressed." 

In  another  opinion  is  seen  a  luminous  expression  on 
corporations,  showing  his  editorial  experience  in  bring- 
ing a  difficult  subject  within  range  of  popular  compre- 
hension:   "But  as  those  who  enacted  the  by-law  give  it 

^  5  Harris,   103. 
'Ibid.,    III. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     175 

a  different  interpretation,  and  claim  the  power  to  pass 
by-laws  affecting  contracts  previously  made,  it  is  proper 
to  state  our  opinion  on  this  question  also.  Corporations 
are  the  creations  of  the  law,  and  possess  such  powers 
as  are  specifically  granted.  In  general,  acts  of  incorpora- 
tion are  designed  to  give  them  only  the  like  capacity 
to  act,  in  respect  to  the  particular  objects  for  which  they 
are  created,  that  natural  persons  possess  in  respect  to 
their  own  affairs.  A  corporation  has  no  power  to  invade 
the  rights  of  individuals.  A  by-law,  when  used  for  this 
purpose,  is  totally  misapplied."  And  further  on,  after 
stating  a  situation,  he  says :  "The  soundness  of  this  posi- 
tion may  not  readily  be  perceived,  because  corporate 
action  assimilates  in  form  to  the  action  of  sovereignties, 
and  the  aggregation  of  intelligence  and  influence  which 
exists  in  such  cases,  creates  habits  of  thought,  and,  in 
practice,  produces  a  power  which  tends  to  obscure  the 
sense  of  right  and  equality."^ 

The  new  court  had  not  finished  its  Philadelphia  ses- 
sion before  its  ranks  were  broken  by  the  loss  of  the  one 
member  who  was  not  on  the  original  Democratic  ticket. 
Justice  Coulter  died  on  the  20th  of  April,  1852,  and  was 
replaced  the  next  month  by  one  of  the  prominent  names 
before  the  Democratic  convention,  Hon.  George  W. 
Woodward.  Justice  Woodward  was  a  native  of  Wayne 
County,  son  of  one  of  the  associate  judges  of  it,  who 
was  of  the  old  Connecticut-Pennsylvania  blood.  He  was 
now  only  forty-three  years  old,  had  learned  his  law  under 
Garrick  Mallory  at  Wilkes-Barre  and  succeeded  to  his 
practice  when  Alallery  went  on  the  bench  in  Wolf's 
administration.  He  had  been  in  the  constitutional  con- 
ventions of  1837-8  and  had  been  a  President  Judge  from 
1841  until  the  elective  judiciary  law  went  into  effect. 
President  Polk  had  nominated  him  for  the  National 
Supreme  Bench  in  1845,  but  through  Cameron  and 
Buchanan,  it  is  said,  he  was  not  confirmed.  Governor 
Bigler  appointed  him  to  succeed  Justice  Coulter  and  he 
was  elected  to  the  position  in  the  fall  of  that  year  and 
had  a  long  service  of  fifteen  years.  Judge  Woodward 
was  at  once  recognized  as  one  of  the  ablest  of  this  dis- 

*  5  Harris,  141.  Mr.  Buchanan,  writing  from  Wheatland,  February  4, 
1852,  says:  "I  am  rejoiced  to  learn  from  different  sources  that  your  Judicial 
career  thus  far  has  given  great  satisfaction  in  Philadelphia.  .May  it  ever  so 
continue!" 


174  ELLIS  LEWIS 

tinguished   bench   and   a  worthy   successor  of  the   late 
Justice  Coulter/ 

The  session  of  1852  that  sat  in  Harrisburg  must  have 
brought  anew  old  memories  to  Justice  Lewis  as  he 
walked  the  streets  where  he  had  spent  his  apprentice 
days  in  Wyeth's  old  printing  establishment  forty  years 
before  and  danced  around  bonfires  for  the  victories  of 
1812.  Justice  Lewis  was  now  fifty-four  years  old  as  he 
joined  Black,  Lowrie,  Gibson  and  Woodward  on  the 
bench  at  the  state  capital.  The  session  here  was,  of 
course,  not  so  crowded  as  in  Philadelphia,  as  there  were 
but  sixty-two  cases  on  the  docket,  and  these  were  this 
time  more  evenly  distributed,  Lewis  delivering  fifteen 
of  the  sixty-two  opinions  and  dissenting  but  once.  In 
one  of  these  opinions  is  found  the  following:  "For- 
tunately for  the  consistent  and  humane  administration 
of  justice,  the  courts  of  this  country  are  no  longer  in- 
fluenced by  the  feudal  policy  which  favored  the  eldest 
son  to  the  exclusion  of  other  claims ;  and  are  not 
restrained,  as  Lord  Eldon  was,  from  contradicting  a 
decision  of  the  House  of  Lords,  if  founded  upon  a 
principle  which  has  no  existence  in  this  country,  and 
the  decision  be  opposed  to  reason  and  justice,  and  to 
the  opinions  of  enlightened  jurists,  in  that  countrv  as 
well  as  this."-  Again,  referring  to  financial  liabilities 
made  solely  from  motives  of  friendship,  believing  that 
they  ought  to  be  preferred  creditors,  and  opposing  any 
change  of  this  presumption,  he  said :  "At  all  events,  a 
change  so  important  in  the  business  transactions  of  the 
people  ought  not  to  be  put  into  operation  by  the  courts 
until  the  Legislative  will  to  that  effect  be  plainly 
-expressed."^  One  other  expression  may  be  noted : 
"After  the  lapse  of  three  score  years  and  ten  the  memory 
fails,  witnesses  die,  and  documents  are  lost  or  mislaid. 
It  is  therefore  difficult,  and  frequently  impossible,  to 
•establish,  by  positive  evidence,  the  facts  of  an  ancient 
transaction.  The  law,  in  furtherance  of  justice,  and  for 
the  protection  of  society,  has,  in  such  cases,  substituted 
for  positive  evidence  the  doctrine  of  presumptions.     A 

•  Sketch  of  Hon.  George  W.  Woodward,  by  George  B.  Kulp,  Esq. 

*  7  Harris,  56. 
^Ibid.,  61. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     175 

possession  of  twenty-one  years  is  not  only  sufficient 
defense  to  an  ejectment,  but  is  a  title  on  which  a  plaintiff 
may  support  such  an  action  against  another.  Deeds 
thirty  years  old,  in  accordance  with  the  possession,  may 
be  given  in  evidence  without  proof.  Thus,  as  'the 
scythe  of  time  destroys  the  evidences  of  title,  the  hour- 
glass measures  out  the  period  when  those  evidences  are 
no  longer  necessary.'  "^ 

The  Sunbury  session  of  1852?  also  brought  him  again 
into  a  region  where  his  real  life  had  begun  and  where 
he  had  made  a  name  as  the  people's  friend  in  the  very 
troublesome  settlement  of  land  titles  which  so  long 
afflicted  that  part  of  the  state.  But  thirty-one  opinions 
were  the  result  of  this  session,  and  seven  of  them  were 
assigned  to  Justice  Lewis,  while  he  was  constrained  to 
disagree  with  the  court  in  two  instances.  It  was  upon 
the  subject  of  land  titles  here  that  one  of  his  most 
interesting  expressions  occurred:  "If  any  branch  of  the 
law,"  said  he,  "has  peculiar  claims  upon  the  firmness  of 
the  bench,  it  is  that  which  relates  to  land  titles.  The 
contest  is  frequently  between  distant  owners  and  in- 
dividuals claiming  by  possession  or  settlement.  In  such 
cases  the  hardships  and  poverty  of  the  latter  always 
secure  the  sympathies  of  their  benevolent  neighbors, 
when  called  into  the  jury  box.  Under  such  circum- 
stances the  Court  should  hold  the  scales  of  justice  with 
a  steady  hand.  When  the  law  is  explicitly  declared  by 
the  judge  selected  for  the  purpose,  there  is  among  our 
intelligent  and  upright  people  an  abiding  devotion  to  its 
supremacy  which  will  always  insure  a  correct  decision. "- 
"As  an  honest  man,"  he  says  in  another  interesting 
expression,  "it  is  natural  that  he  should  feel  his  con- 
science touched  by  the  peril  in  which  his  own  mistake, 
in  a  duty  which  he  had  undertaken  to  perform  with 
fidelity,  had  placed  the  party  who  confided  in  his 
knowledge,  accuracy  and  integrity.  Precisely  to  the 
same  extent  would  the  case  reach  the  conscience  of  a 
chancellor.  It  is  not  always  possible  to  ascertain 
whether  an  error  of  this  kind  is  occasioned  by  fraud  or 
mistake.    For  this  reason  the  law  in  its  wisdom  declares 

'  7  Harris,   69. 
'  Ibid.,  210. 


1/6  ELLIS  LEWIS 

that  it  shall  not  be  taken  advantage  of  by  the  party  who 
caused  it.    No  one  shall  profit  by  his  own  wrong."^ 

The  remaining  session  of  1852  at  Pittsburgh,  the 
home  of  Justice  Lowrie,  resulted  in  as  many  opinions  as 
at  Harrisburg  and  Sunbury  combined,  and  nearly  as 
many  as  at  the  previous  Philadelphia  session — ninety- 
four,  an  average  of  about  eighteen  to  each  of  the  five 
members  of  the  court.  As  before,  Justice  Lewis  had 
more  than  his  share — twenty-two — or  nearly  one-fourth, 
and  found  but  two  occasions  of  disagreement  with  his 
brethren.  In  one  of  these  opinions  he  says,  regarding 
free  speech :  "The  freedom  of  the  press  is  as  well  deserv- 
ing protection  as  the  liberty  of  speech ;  but  no  one,  in 
his  wildest  enthusiasm  in  favor  of  the  former,  has 
claimed  the  right  to  establish  printing  presses  in  the 
public  streets."-  Again,  in  referring  to  the  words  "equity 
and  justice"  in  a  certain  act  of  Assembly  of  1840,  he  said : 
"This  may  be  understood  as  adopting  the  principles  of 
equity  which  had  heretofore  governed  Courts  of 
Chancery,  in  applications  of  this  kind.  It  was  certainly 
not  the  "intention  of  the  Legislature  to  keep  litigation 
on  foot  for  a  longer  period  than  necessary  for  the  pur- 
poses of  justice;  or  to  nullify  the  solemn  decisions  of  the 
Courts,  at  the  mere  will  and  pleasure  of  any  party  who 
chose  to  demand  a  rehearing,  within  five  years,  upon 
the  same  questions  oi  fact  which  had  been  fully  heard 
and  decided  on  the  first  trial.  To  allow  this  to  a  party 
who  cannot  allege  that  any  error  in  lazv  appears  on  the 
face  of  the  decree,  or  that  he  has  discovered  any  new 
evidence,  or  that  any  new  matter  has  arisen,  wovtid  be 
contrary  to  the  maxim  that  'no  one  shall  be  twice  vexed 
for  the  same  cause,'  and  would  not  be  administering  'jus- 
tice' or  'equity.'  "'■^  Another  opinion  says :  "It  strength- 
ens our  confidence  in  the  justice  of  the  country  when 
we  see  a  principle,  so  just  in  itself,  and  so  beneficial  in 
its  general  results,  sternly  and  constantly  enforced. 
Every  relaxation  in  the  rules  in  view  of  the  supposed 
hardships  of  particular  cases  is  but  the  opening  door 
to  the  most  dangerous  abuses  of  the  process  of  the  law."* 
Referring  to  the  decision  in  a  case  known  as  Summer's 

*  7  Harris,  239. 
-  Ibid.,  413. 

^  Ibid.,  433. 

*  8  Harris,  49. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     177 

appeal,  he  says:  "In  overruling  it  we  correct  a  plain 
mistake;  we  affirm,  as  a  principle  not  to  be  denied,  that 
the  judicial  power  is  not  authorized  to  make  new  and 
inconvenient  innovations  upon  the  rights  of  the  people, 
or  to  alter  the  law  of  the  land  upon  a  mere  'glimmering' 
of  legislative  intent ;  and  we  replace  ourselves  upon 
ancient  foundations,  in  accordance  with  the  true  doc- 
trines of  stare  decisis,  and  in  obedience  to  the  authoritative 
voice  of  the  law."^ 

With  the  advent  of  December,  of  the  winter  of  1852- 
3,  the  court  returned  to  State  House  Row  in  Philadelphia 
to  enter  upon  a  most  important  session.  Of  the  ninety- 
seven  opinions  rendered  from  the  work  of  this  session, 
Justice  Lewis  is  responsible  for  twenty,  and  he  dissented 
formally  but  twice.  In  one  of  these  opinions  is  a  rather 
startling  expression  that,  it  may  be  surmised,  drew  a 
smile  from  the  Court:  "A  dead  man  cannot  be  said  to 
refrain  from  drinking  to  excess,  within  the  meaning  of 
the  testator,"  referring  to  a  contingency,  if  he  had  lived, 
which  would  control  a  certain  legacy  —  "although,  in 
another  sense,  nothing  is  a  more  peremptory  termina- 
tion of  such  excesses  than  the  solemn  sobriety  of  the 
grave.  Nor  can  it,  with  any  propriety,  be  said  of  him 
that,  while  quietly  reposing  under  the  clods  of  the  earth, 
he  indulged  in  intemperate  habits ;  *  *  "  p  ^\iq  ex- 
pression, however,  was  a  perfectly  natural  part  of  the 
exposition  and  reasoning  of  the  case.  In  another  case, 
where  a  party  objected  to  the  lower  court's  instructions 
as  "impairing  the  effect"  of  the  counsel's  argument,  he 
said :  "An  affirmative  answer  to  the  points  put  by  counsel 
would  frequently  produce  an  effect  which  would  lead 
the  jury  into  error.  A  judge  is  acting  in  the  line  of 
his  duties  when  he  accompanies  his  answers  with  such 
observations  as  are  necessary  to  guard  the  jury  against 
such  a  result.  There  are  many  cases  in  which  affirma- 
tive answers  to  the  point  put  by  counsel,  although 
strictly  correct,  as  far  as  they  go,  would  produce  an 
improper  efifect.  It  is  just  that  this  'effect'  should  be 
'impaired'  by  'pertinent  observation'  from  the  judge. "^ 
It  was  seldom  that  Justice  Lewis  departed  from  scru- 

'  Ibid.,  67. 
-  Ibid.,   244. 
^  9  Harris,  72. 


178  ELLIS  LEWIS 

pulous  directness  in  reasoning  to  use  an  illustration,  as 
he  did  during  this  session  on  one  occasion  in  reference 
to  the  rule  that  taxation  follows  domicile,  when  he  spoke 
of  the  results  and  cause  of  Joseph  and  Mary's  journey 
from  Nazareth  to  Bethlehem.  "When  the  decree  for 
taxing  the  empire  was  issued,  the  presence  of  Joseph 
in  the  city  of  David  became  necessary  in  order  that  he 
might  'be  taxed  in  his  own  city,'  for  'he  was  of  the 
house  and  lineage  of  David ;'  and  the  presence  of  Mary 
was  indispensable  to  a  correct  registry  in  relation  to 
the  anticipated  birth,  because  Roman  law  establishing 
the  first  census  required  the  citizens  to  register  the 
names  of  their  wives  and  children.  By  the  observance 
of  the  rule  that  taxation  follows  the  domicile,  Bethlehem 
became  the  birthplace  of  the  Redeemer.  This  rule  is 
of  great  antiquity  and  of  great  obligation."^  It  was  at 
the  Philadelphia  session  that  what  was  called,  by  Chief 
Justice  Black,  "beyond  all  comparison,  the  most  im- 
portant cause  that  has  ever  been  in  this  court  since  the 
formation  of  the  government,"  was  decided,  namely,  the 
famous  Sharpless  case  on  municipal  subscription  to  rail- 
ways, which  finally  caused  an  amendment  to  the  con- 
stitution. The  three  opinions  in  this  case  were  given 
by  the  three  who  formed  the  majority  decision.  Chief 
Justice  Black  and  Justices  Woodward  and  Knox. 
Justices  Lewis  and  Lowrie  "dissented  vigorously. "- 

Shortly  before  the  May  term  at  Harrisburg  the  court 
lost  the  venerable  figure  that  had  given  it  more  fame 
than  any  other,  not  excepting  Tilghman  and  McKean. 
On  May  3,  1853,  Justice  Gibson  had  died,  and  on  the 
9th,  at  Harrisburg,  Thaddeus  Stevens,  of  Lancaster,  on 
the  assembly  of  the  court  announced  the  fact  in  becom- 
ing terms.  He  had  reached  the  age  of  three  score  and 
sixteen.  "None  of  us,"  said  Chief  Justice  Black,  "ever 
saw  the  Supreme  Court  before  he  was  in  it ;  and  to  some 
of  us  his  character  as  a  great  judge  was  familiar  even 
in  childhood.  The  earliest  knowledge  of  the  law  we  had 
was  derived  in  part  from  his  luminous  expositions  of  it. 
He    was    a    judge    of    the    Common    Pleas    before    the 

^  9  Harris,    115. 

2  The  deciding  opinions  are  in  9  Harris,  158.  The  dissent  is  mentioned 
by  Thomas  Williams  of  Pittsburgh,  who  appeared  in  the  case  by  courtesy.  See 
"Life  and  Speeches  of  Thomas  Williams,  1806- 1872,"  by  Burton  Alva  Konkle, 
Vol.   I,   p.   332,   foot-note. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     179 

youngest  of  us  was  born,  and  was  a  member  of  this 
court  long  before  the  oldest  was  admitted  to  the  bar. 
He  sat  here  with  twenty-six  different  associates  of  whom 
eighteen  preceded  him  to  the  grave.  For  nearly  a 
quarter  of  a  century  he  was  Chief  Justice,  and  when  he 
was  nominally  superseded  by  another  as  the  head  of  the 
court,  his  great  learning,  venerable  character  and  over- 
shadowing reputation  still  made  him  the  only  Chief 
whom  the  hearts  of  the  people  would  know.  *  *  * 
At  the  time  of  his  death  he  had  been  longer  in  office 
than  any  contemporary  judge  in  the  world;  and  in  some 
points  of  character  he  had  not  his  equal  on  the  earth. 
Such  vigor,  clearness  and  precision  of  thought  were 
never  before  united  with  the  same  felicity  of  diction."^ 

The  new  member  who  succeeded  Gibson  was  the 
popular  jurist  who  had  been  placed  on  the  bench  of  the 
old  Tenth  District  to  replace  Judge  Thomas  White  to 
quiet  the  agitation  which  did  so  much  to  precipitate  the 
struggle  for  an  elective  judiciary,^  Justice  John  C.  Knox, 

This  and  the  next  session  of  1853,  at  Harrisburg  and 
Sunbury,  were  productive  of  very  few  opinions ;  the 
former  with  but  fifty-three,  of  which  Justice  Lewis,  for 
some  reason,  gave  only  five — far  below  the  average,  and 
the  latter  with  but  ten  opinions,  three  of  which  were 
assigned  to  him.  Most  of  these  opinions  are  excellent 
examples  of  his  directness  and  scrupulous  devotion  to 
the  exact  case  before  him,  rather  than  to  general  princi- 
ples. But  very  few  instances  of  expression  of  a  general 
principle  occurs,  although  on  one  occasion  he  remarked 
that  "We  must  administer  the  law  as  a  system  intended 

*  7   Harris,   ii. 

'  An  interesting  commentary  on  this  new  appointment  is  a  letter  of  James 
Buchanan's  to  Judge  Lewis,  dated  June  13,  1853.  "I  recommended  Judge  Bell 
voluntarily  as  I  had  done  Judge  Campbell.  I  knew  him  to  be  an  able  Judge, 
a  sound  lawyer,  &  an  honest  man;  &  I  thought  that  the  Governor  would  not 
proscribe  that  district  in  the  State  in  which  two-thirds  of  the  business  of  the 
Court  originates.  Besides,  I  felt  a  little  compunction,  because  my  efforts 
in  your  favor  had  to  some  extent  indirectly  been  the  means  of  defeating  the 
nomination  of  Bell.  It  is  true,  I  knew  at  the  time  that  my  recommendation 
would  not  weigh  a  feather  with  the  Governor,  as  I  told  Judge  Bell  whom  I 
saw  the  day  after  it  was  sent.  It  now  appears  that  it  was  the  ludges  who 
defeated  Bell  &  had  Knox  appointed.  If  I  desired  to  play  tlie  Demagogue, 
a  thing  which  I  have  never  done,  I  would  not  desire  a  better  subject,  before 
the  people,  than  a  Court  desirous  of  becoming  a  close  monopoly  &  perpetu- 
ating themselves  by  filling  their  own  vacancies,  as  the  Magistrates  formerly 
did    in    N'irginia,    &    a    Governor   submitting   to    their   dictation    &    then    calling 

upon   the   people   in   convention   to   sanction   the   deed. But  all   this   is   far 

from  me.  I  desire  peace  &  tranc^uility  for  the  remainder  of  my  life.  I  have 
heard  of  no  opposition  to  Judge  Knox  &  I  shall  certainly  make  none."  Lewis 
Papers.  This  letter  is  in  reply  to  one  of  Lewis'  stating  that  Knox  was  the 
•choice  of  the  rest  of  the  court.     Buchanan   Papers. 


i8o  ELLIS  LEWIS 

to  promote  justice,  and  not  as  a  snare  to  entrap  the 
innocent."^  In  a  decision  at  Sunbury  he  had  occasion 
to  say:  "When  the  law  is  settled,  judges  ought  not  to 
unsettle  it,  except  upon  the  most  urgent  necessity.  But 
when  it  is  rightly  settled  in  a  way  that  promotes  justice 
and  accords  with  the  public  convenience,  there  is  no 
justification  whatever  for  disturbing  it.  But  we  are 
told  that  it  is  very  hard  to  commit  the  defendant  until 
he  complies  with  the  sentence,  and  that  he  cannot  abate 
the  nuisance  while  he  is  in  prison.  Doubtless  it  is  so; 
but  'the  way  of  the  transgressor'  is  always  'hard.'  The 
sentence  was  not  intended  so  much  for  his  convenience 
as  for  that  of  the  public  whose  rights  he  has  violated."^ 
It  should  be  stated,  while  referring  to  these  two  sessions, 
that  at  Harrisburg  he  found  three  occasions  to  disagree 
with  his  fellow-justices — an  unusual  proportion. 

The  Pittsburgh  session  of  1853  was  as  productive  of 
opinions  as  usual,  there  being  eighty-three,  of  which 
Justice  Lewis  had  his  usually  large  proportion,  namely, 
twenty-two,  one  of  which  was  the  first  "additional" 
opinion  he  had  been  felt  called  upon  to  render.  He  had 
three  occasions  of  dissent  at  this  session  also.  "Public 
policy,"  said  he  in  one  of  these  opinions,  "and  the  inter- 
ests of  debtors  and  creditors  require  that  sales,  made 
under  decrees  of  courts  of  competent  authority,  should 
be  sustained  after  final  confirmation.  The  confidence 
reposed  by  the  people  in  the  justice  and  authority  of 
the  judicial  tribunal  ought  not  to  be  made  the  means 
of  ensnaring  them  to  their  destruction."^  The  "addi- 
tional" opinion  above  mentioned,  i.  e.,  an  opinion  con- 
curring with  the  court,  but  stating  elements  that  the 
regular  opinion  is  believed  not  to  emphasize  sufficiently, 
in  all  probability  arose  from  Justice  Lewis'  knowledge 
of  medicine  and  surgery.  After  stating  how  a  surgeon 
is  taught  to  treat  a  broken  bone  so  that  the  limb  shall 
preserve  its  normal  length,  he  says:  "Entertaining  these 
views  of  the  case,  I  am  bound  to  say  that  the  plaintiff 
in  error  has  failed  to  satisfy  me,  either  upon  philosophical 
principles  or  by  surgical  authority,  that  the  means  made 
use    of    for    the    purpose    of    producing    'extension    and 

*  9  Harris,  448. 

"Ibid.,  531. 

^  10  Harris,  202. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     i8i 

counter-extension'  were  adequate  or  even  proper  for  the 
purpose."  He  then  analyzes  the  course  that  was  taken 
by  the  surgeon  much  to  the  disadvantage  of  the  latter 
and  in  a  way  that  even  the  layman  can  comprehend. 
This  medico-surgical  knowledge,  which,  however  well 
it  bore  upon  justice  in  the  original  trial,  was  too  much 
for  Chief  Justice  Black,  who  closed  the  matter  with  a 
remark  bordering  on  asperity.  "We  are  not  authority 
on  questions  of  surgery.  Our  hands  are  abundantly  full 
of  questions  which  belong  to  our  profession,  without 
volunteering  opinions  on  sciences  which  relate  to  others. 
I  think  it  necessary  to  say  this  in  order  to  prevent  the 
court  below  on  second  trial  from  supposing  that  we 
intend  to  give  them  any  instruction  on  matters  in  which 
we  have  no  jurisdiction.  But  this  is  my  own  opinion, 
for  which  no  other  member  of  the  court  is  responsible."^ 
A  very  good  example  of  how  Justice  Lewis  sustained 
conservative  principles  occurred  at  this  session.  "This 
decision,"  said  he,  "has  never  been  reversed,  and  the 
argument  by  which  it  is  sustained  by  the  lamented  jurist 
by  whom  it  was  delivered  has  never  been  satisfactorily 
answered.  The  public  and  professional  confidence  in 
its  soundness  has  been  so  unhesitating  and  abiding  that 
it  has  regulated  the  practice  throughout  the  state.  In 
the  Eastern  District  it  is  necessarily  regarded  as  a  bind- 
ing authority.  In  the  Western  District  no  opinion 
which  the  District  Judge,  or  any  other  single  judge 
might  have  entertained,  could  be  expected  to  overthrow 
its  influence.  The  ability  with  which  the  opinion  is 
maintained,  the  great  eminence  of  its  distinguished 
author,  and  the  justice  and  public  convenience  which 
it  tended  to  promote,  commanded  the  general  respect 
and  acquiescence  of  the  community.  It  has  governed 
in  the  purchases  and  sales  of  land  derived  through  pro- 
ceedings in  bankruptcy  for  the  last  twelve  years.  Many 
titles  and  extensive  landed  interests  depend  upon  it. 
To  overthrow  it  now,  and  to  pronounce  all  these  titles 
void,  would  be  a  most  unjust  proceeding,  which  would 
spread  consternation  and  ruin  throughout  the  state.  We 
are  perfectly  aware  of  the  existence  of  opinions  in  favor 
of  enlarging  the  jurisdiction  of  the  United  States  Court, 

'  10  Harris,  273-4. 


i82  ELLIS  LEWIS 

and  extending',  by  construction,  the  operation  of  the  Act 
of  Congress.  But  we  affirm,  without  fear  of  contradic- 
tion, that  if  the  construction,  now  claimed  by  the 
plaintiff  in  error  as  the  true  meaning  of  the  bankrupt 
law,  had  been  engrafted  upon  it  at  the  time  the  bill  was 
under  consideration  in  Congress,  it  never  would  have 
received  the  sanction  of  that  body."^ 

The  closing  year  of  the  Chief  Justiceship  of  Black 
began  with  the  session  at  Philadelphia  in  the  winter  of 
1853-4.  Eighty-four  opinions  were  the  result  of  this 
term,  and  to  Justice  Lewis  fell  almost  exactly  his  share 
of  them,  namely,  seventeen,  and  he  dissented  from  his 
brethren  but  once.  Lewis  had  a  pride  in  the  Pennsylva- 
nia system  of  jurisprudence,  and  more  than  once  took 
occasion  to  express  it.  In  one  instance  during  this 
session  he  said,  after  describing  the  English  course  in 
such  a  matter :  "But  in  Pennsylvania  we  have  no  occasion 
to  lament  the  want  of  power  to  do  justice.  The  Courts 
have,  by  the  constitution,  the  power  of  a  court  of 
chancery  in  cases  of  that  kind."^  In  another  case  he 
touches  upon  the  field  of  art  in  the  Academy  of  the  Fine 
Arts'  taxation  case.  "It  is  true,"  said  he,  "that  the  arts 
of  painting  and  sculpture  are  refining  and  elevating  in 
their  tendencies.  They  advance  the  fame  and  fortunes 
of  all  who  are  qualified  for  the  beautiful  creations  which 
belong  to  them.  Like  the  kindred  arts  of  poetry  and 
music,  they  furnish  'a  joy  forever'  to  those  whose  tastes 
invite,  and  those  whose  circumstances  permit  them 
to  drink  at  the  Castalian  fountain.  But  we  make 
but  indifferent  progress  in  the  improvement  of  our 
moral  sentiments  if  we  desire  to  reach  the  pleasures  and 
the  profits  of  these  refinements  at  the  expense  of  others, 
whose  tastes  lead  in  a  different  direction,  or  whose 
circumstances  preclude  them  from  participating  in  such 
gratifications.  '^  *  '^  *  The  Academy  of  Fine  Arts 
presents  us  with  pictures  of  life,  zvith  action.  The 
Academy  of  Music,  with  its  proposed  opera,  may  furnish 
us  with  pictures  of  life  zvithout  action.^  We  may  differ 
in  our  estimates  of  the  merits  of  these  institutions ;  but 
we  do  not  perceive  much  ground  for  any  difference  of 

*  10  Harris,  411. 
^  Ibid.,  469. 

3  The  ascription  of  "action"  to  Painting  and  not  to  Music,  especially 
opera,  is  no  doubt  a  slip  of  the  pen,  and  probably  was  intended  vice  versa. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     183 

opinion  on  the  question  whether  it  is  just  to  wring  from 
the  labors  of  those  who  derive  but  little  pleasure  or 
profit  from  them  the  taxes  necessary  for  their  support. 
The  public  charges  are  already  onerous.  We  are  not 
prepared  to  increase  them — for  purposes  in  which  the 
people  at  large  have  but  small  interest,  until  the  legis- 
lature shall  direct  us  to  do  so  in  language  not  to  be 
misunderstood."^ 

In  view  of  Justice  Lewis'  services  to  the  debtor  class 
during  his  public  career,  an  expression  on  this  subject 
is  of  interest.  "Notwithstanding  the  benevolent  pro- 
visions of  the  statute  in  favor  of  unfortunate  and 
thoughtless  debtors  it  was  far  from  the  intention  of  the 
legislature  to  deprive  the  free  citizens  of  the  state  of  the 
right,  upon  due  deliberation,  to  make  their  own  contracts 
in  their  own  way,  in  regard  to  securing  the  payment  of 
debts  honestly  due.  Creditors  are  still  recognized  as 
having  some  rights ;  and  it  was  not  the  intention  of  the 
legislature  to  destroy  them  by  impairing  the  obligations 
of  contracts.  It  frequently  happens  that  the  creditor  is 
more  in  need  of  public  sympathy  than  the  debtor.  When 
a  poor  man  is  unjustly  kept  out  of  money  due  to  him, 
the  distress  arising  from  the  want  of  it  is  often  greater 
than  that  caused  to  the  other  party  by  its  collection. 
If  the  suffering  was  but  equal,  it  is  plain  that  one  man 
should  not  suffer  for  the  follies  or  misfortunes  of  another. 
Every  one  should  bear  his  own  burthen."^ 

"We  should  never  forget,"  said  he  in  another  opinion, 
"that  judicial  tribunals  are  established  for  the  purpose 
of  administering  justice,"^  and  such  a  reminder  often 
served  to  raise  the  tone  of  the  whole  case. 

During  the  Philadelphia  session  of  '53-4  he  received 
some  interesting  letters  from  Minister  James  Buchanan, 
in  London,  who  was  one  of  his  most  intimate  friends 
at  Lancaster.  "Pray  write  me  a  long  letter,"  Mr. 
Buchanan  says  in  a  letter  of  December  9,  1853,  "&  give 
me  a  gossiping  account  of  all  matters  &  things  relating 
to  Lancaster,  the  world  in  general,  &  'the  rest  of  man- 
kind.' I  am  sadly  in  want  of  such  information.  *  * 
*     *     *     I  believe  I  shall  be  able  to  give  you  a  favorable 

'  10  Harris,  499. 
'  II    Harris,  94. 
*  Ibid.,    170. 


l84  ELLIS  LEWIS 

introduction  to  the  Sages  of  the  Law,  when  you  visit 
England  next  summer.  It  has  so  happened  that  the 
Lord  Chancellor  &  the  Chief  Justice  of  the  Queen's 
Bench,  particularly  Lord  Campbell,  have  treated  me 
with  great  civility  &  kindness  since  my  arrival  in  Lon- 
don. The  latter  has  given  me  a  special  invitation  to 
visit  the  Queen's  Bench,  where  he  says  I  shall  be  received 
with  distinguished  honors.  What  he  means  by  this  I 
do  not  understand.  We  have  had  no  conversation  on 
any  legal  subject,  except  what  incidentally  arose  from 
a  question  of  mine  as  to  the  period  when  Lord  Holt 
was  Chief  Justice  in  which  I  had  a  meaning.  This 
induced  him  to  speak  of  the  decision  in  the  case  of 
Coggs  V.  Bernard,  in  which  rusty  as  I  am  I  felt  at  home. 
I  then  asked  him  if  he  was  aware  that  Lord  Holt  had 
decided  that  under  the  law  of  England  negro  slaves 
were  merchandise.  This  was  after  we  had  risen  from 
the  table  of  the  Duke  of  Newcastle,  where  Mrs.  Stowe, 
her  book  &  American  slavery  had  been  a  subject  of 
conversation.  Upon  that  occasion  I  spoke  right  out 
&  was  agreeably  surprised  to  find  that  most  of  the 
gentlemen  at  table  concurred  with  me  in  opinion  as  to 
the  impropriety  &  the  consequences  of  their  interference 
on  the  subject. 

"  '  'Tis  distance  lends  enchantment  to  the  view,'  "  he 
continues.  *Tn  the  power  &  facility  of  general  conversa- 
tion, I  would  be  willing  to  stake  Wheatland  that  the 
Chief  Justice  &  yourself  would  excell  the  Lord  Chancel- 
lor &  the  Lord  Chief  Justice.  It  is  true  that  in  general 
society  they  are  too  polite  to  converse  upon  professional 
subjects  where  I  have  no  doubt  they  would  find  them- 
selves at  home.  The  official  costume  of  the  Judges  of 
the  Queen's  Bench, — large  crimson  gowns,  is  truly 
ridiculous.  That  of  the  Chancellor  &  Vice  Chancellor 
is  far  richer,  though  but  little  more  becoming.  In  a 
plain  suit  of  black,  I  met  the  Grand  dignitaries,  at  the 
Lord  Mayor's  dinner,  all  arrayed  in  their  official  robes. 
If  I  were  twenty  years  younger,  I  have  no  doubt  I 
should  be  much  pleased  with  a  residence  at  this  court. 
As  it  is,  I  shall  endeavor  to  make  the  best  of  it.  My 
heart,  however,  is  still  in  my  native  land ;  my  dream 
of  life  is,  that   I  shall  pass  the  remnant  of  my  days, 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     185 

should  a  merciful  Providence  prolong  them,  in  retirement 
at  Wheatland.  I  would  now  rather  have  a  conversation 
with  Alderman  Kautz  than  with  the  Lord  Chancellor 
of  England. 

"A  few  days  ago,"  the  letter  continues,  "I  went  to 
pay  a  visit  to  the  Marchioness  of  Wellesley  &  Lady 
Stafford  at  Hampton  Court.  The  former  was  very  ill 
with  dropsy  &  I  did  not  see  her.  The  latter,  I  found  in 
much  trepidation,  in  consequence  of  a  notice  which  she 
had  just  received  through  the  official  papers  of  the  court 
to  appear  before  you  on  the  first  Monday  of  January. 
[Here  follows  a  half  page  of  obliterated  matter  and  the 
following  marginal  explanation  of  it :  T  obliterate  this 
not  because  there  is  anything  objectionable  in  it;  but 
because  I  have  always  felt  an  abhorrence  to  make  allu- 
sion to  a  Judge  about  a  case  before  his  court,  even 
without  expressing  any  opinion.']  They  asked  me  to 
recommend  an  agent  for  them  for  their  lands  in  Penn- 
sylvania &  I  suggested  the  name  of  our  friend  Christo- 
pher L.  Ward.  These  ladies  have  experienced  an 
astonishing  fate.  They  have  all  married  titled  noble- 
men ;  &  no  lady  stood  higher  or  was  more  respected  at 
court  than  Lady  Wellesley.  Being  the  sister-in-law  of 
the  Duke  of  Wellington  &  a  great  favorite  with  him, 
she  has  amused  me  very  much  by  relating  private  anec- 
dotes of  that  remarkable  man.  She  is  now  a  widow,  in 
a  dying  condition  &  has  scarcely  income  sufficient  for 
her  support  in  the  rank  to  which  she  has  been  accus- 
tomed. Lady  Stafford  is,  also,  a  widow  &  is  a  fine 
woman ;  but  neither  she  nor  the  Duchess  of  Leeds  is 
at  all  equal  to  Lady  Wellesley.  I  like  them  all  for  the 
strong  &  ardent  American  feeling  which  they  still  retain. 
I  have  no  doubt,  they  would  have  been  happier  had  they 
remained  at  home  &  married  independent  &  worthy 
American  gentlemen.  But  enough  &  far  more  than 
enough  of  this. 

"The  English,"  he  continues,  "just  reverse  our  cus- 
tom in  regard  to  Town  &  Country  life.  The  nobility 
&  gentry  visit  London  only  in  the  summer.  The  season, 
as  they  call  it,  commences  a  few  weeks  after  the 
meeting  of  Parliament  in  February  &  terminates  with 
its  adjournment,  in  the  beginning  of  August.     All  the 


i86  ELLIS  LEWIS 

rest  of  the  year  they  are  upon  their  estates  or  roaming^ 
over  the  continent.  If  you  happen  to  meet  one  of  them, 
he  will  tell  you  that  there  is  now  nobody  in  Town — a 
town  which  contains  two  millions  &  a  half  of  people. 
They  are  great  sportsmen ;  men  &  women  are  devoted 
to  exercise  in  the  open  air,  both  on  foot  &  on  horse  back. 
Their  ladies  are  more  robust  &  healthy  looking  then  our 
own ;  but  they  are  deficient  in  that  delicacy  of  beauty 
for  which  our  countrywomen  are  so  distinguished.  Of 
course  the  ministers  &  officials  of  the  crown  &  Judges 
of  the  court  must  be  in  London,  after  the  ist  of  Novem- 
ber; but  they  all  have  a  time  of  it  in  the  country  from 
the  adjournment  of  Parliament  up  till  that  day. 

'T  wish  I  could  change  the  habits  of  our  ladies," 
continues  this  distinguished  bachelor  minister  to  St. 
James,  "&  induce  them  to  take  more  exercise  in  the 
open  air.  This  would  contribute  both  to  their  health 
&  their  beauty.  You  never  see  a  lady  here  on  the  street 
in  full  dress.  With  thick  shoes  &  warmly  clad,  they 
move  at  a  rapid  rate.  I  am  persuaded  that  the  mass 
of  the  people  are  far,  very  far  behind  our  own  in  almost 
every  respect.  The  rate  of  interest  &  the  rate  of  wages 
are  now  so  high  here,  that  our  manufacturers  have  but 
little  to  fear.  The  emigration  of  laborers  to  America 
&  Australia  have  produced  this  effect  on  labor;  but  it 
is  a  problem  which  I  cannot  solve,  why  money  should 
be  so  scarce  throughout  all  the  commercial  nations  of 
the  world,  notwithstanding  the  immense  production  of 
gold  in  California  &  Australia.  Negotiations  here  in 
new  Rail  Road  Bonds  are  at  an  end  for  some  time  to 
come.     *****     Your  friend,  James  Buchanan."^ 

During  the  winter  of  1853-4  Justice  Lewis  removed 
to  Philadelphia — the  region  which,  even  then,  as 
Buchanan  had  said,  furnished  two-thirds  of  the  business 
of  the  court.  The  judicial  vicinage  was  the  region  of 
"State  House  Row,"  but  Justice  Lewis  finally  decided 
to  go  somewhat  "out  of  town,"  and  sought  a  home  on 
the  west  side  of  the  park  at  Penn  Square,  a  house  which 
bore  the  number  "20"  on  the  block  called  "West  Penn 
Square" — now  the  east  front  of  Broad  Street  Station, 

'  Lewis  Papers.  Judge  Lewis  gave  him  a  "gosippy"  letter  on  January 
5th,  stating  that  he  would  be  in  his  "N.  W.  Penn  Square"  home  in  March.. 
The  letter  is  so  interesting  that  the  author  regrets  the  demands  of  space  prevent 
his  giving  it  in  full. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     187 

of  the  Pennsylvania  Railroad.'  lie  had  rcpHed  to  Mr. 
Buchanan's  letter  at  once  from  Lancaster,  and  the  latter 
wrote  him  ag^ain  from  56  Harley  Street,  London,  on  June 
2nd,  1854.  "I  regretted  very  much  to  learn  from  Miss 
Lane,"  said  he,  "that  you  had  removed  tc»  I'hiladelphia. 
I  had  anticipated  many  a  pleasant  tSc  instructive  hour 
with  you  at  Wheatland  and  in  Lancaster.  This  is 
another  link  at  least  partially  broken.  [He  then  refers 
to  the  death  of  a  friend  there.]  I  have  but  little  to  say 
in  regard  to  myself.  'The  London  Season,'  as  it  is  called, 
is  now  in  full  blast.  The  nobility  &  gentry  of  England 
never  consider  London  as  their  home.  They  come  up 
here  for  about  three  months  each  year  between  Easter 
&  the  adjournment  of  Parliament  &  turn  the  town  upside 
down.  We  have  dinner  parties  every  day  at  8  o'clock 
&  evening  parties  every  night;  &  between  the  dissipation 
&  late  hours  I  am  nearly  done  over.  When  the  season 
ends,  which  thank  Heaven  it  will  do  in  about  four  weeks, 
the  fashionable  crowds  disperse  to  their  homes  in  the 
country,  &c.,  &c.,  &  we  shall  hear  little  more  of  them 
until  next  spring.  I  go  out  far  more  than  I  would  on 
account  of  Miss  Lane. 

"You  will  be  Chief  Justice  next  year,"  he  continues, 
&  then  I  hope  you  will  pay  us  a  visit.  I  shall  be  most 
happy  to  introduce  the  C.  J.  of  Pennsylvania  to  the  high 
dignitaries  both  of  the  law  &  the  Church  in  this  country, 
as  a  gentleman  eminent  both  in  the  legal  &  theological 
sphere.  My  time  will  not  be  up  till  August,  1855.  I 
dined  yesterday  with  the  Lord  Bishop  of  London  at  his 
Palace  of  Fulham.  It  is  an  old  &  magnificent  structure 
for  a  successor  of  the  poor  fishermen.  In  conversing 
about  the  church  with  him  &  the  Bishop  of  Winchester, 
I  could  not  resist  the  inclination  which  I  felt  to  condemn 
the  practice  prevalent  here  of  selling  church  living — 
the  care  of  souls  at  public  auction  to  the  highest  bidder. 
This  cannot  be  done  if  the  incumbent  is  dead  &  a  vacancy 
actually  exists.  The  sale  must  be  made  in  the  life  time 
of  the  incumbent ;  &  then  as  inducement  to  the  bidders 
the  advertisements  often  state  that  he  is  old,  mentioning 
his  years  &  in  feeble  health,  holding  out  the  prospect 
of  a  speedy  vacancy.     The   Bishop   evidently  did   not 

*  He  is  not  given  in  McElroy's  Philadelphia  Directory  as  at  20  West 
Penn  Square  until  the  issue  of   1856,  which  was  made  up  in   1855,   no  doubt. 


i88  ELLIS  LEWIS 

approve  the  practice,  though  he  was  cautious  in  expres- 
sing his  opinions.  He  said  that  all  they  could  do  was 
to  take  care  not  to  ordain  any  unworthy  clergyman.  An 
attempt  has  been  made  in  Parliament  to  abolish  this 
practice ;  but  it  was  successfully  resisted,  because  it 
would  be  an  interference  with  private  property ! 

"The  war  lingers  on,"  the  letter  proceeds,  "&  I  can 
truly  tell  you  no  more  about  it  than  what  you  see  in 
the  public  journals.  John  Bull  is  fond  of  a  fight  &  to 
do  the  old  gentleman  justice,  he  bears  himself  right 
manfully  in  the  contest.  This  war  is  still  very  popular ; 
but  he  is  at  some  loss  to  know  precisely  for  what  he  is 
fighting.  He  has  a  formidable  enemy  in  the  Emperor 
of  Russia.  They  now  begin  to  discover  that  it  will  not 
be  easy  to  take  Cronstadt  &  Sebastopol.  The  other  day 
at  a  dinner  I  was  asked  my  opinion  of  the  result  &  told 
them  I  would  give  it  concerning  the  nature  of  the  contest 
in  the  words  of  one  of  their  own  poets: 

"Now  gallant  Saxon  hold  thine  own, 
No  maiden  arm  is  round  thee  thrown, 
That  desperate  grasp  thy  frame  might  feel 
Through  bars  of  brass  &  triple  steel." 

— They  have  behaved  well  in  regard  to  their  declaration 
in  favor  of  neutrals'  rights  &  they  no  longer  think  of 
impressment.  Indeed  public  opinion  would  not  for  a 
moment  endure  a  Press  Gang  in  the  country.  I  had 
some  agency  in  these  matters.  ******** 
*     Your  friend,  James  Buchanan."^ 

But  while  Justice  Lewis'  distinguished  friend  in  Lon- 
don was  preparing  to  join  with  his  fellow-ministers  to 
France  and  Spain  the  following  autumn  in  the  famous 
announcement  regarding  a  proposed  purpose  of  the 
United  States  to  secure  Cuba  at  all  hazards,  known  as 
the  "Ostend  Manifesto" — a  program  that  was  calculated 
to  land  Mr.  Buchanan  in  a  stormy  Presidential  chair 
instead  of  the  seclusion  of  Wheatland  for  which  he  ex- 
pressed great  longing,  Judge  Lewis  was  deeply  engrossed 
in  the  cause  of  justice  in  the  session  at  Harrisburg.  The 
opinions  of  this  session  were  fewer  than  usual,  reaching 
the  number  of  but  forty-eight,  with  the  eleven  assigned 
to  Justice    Lewis,   and   the   first   absence   noted   in   the 

1  The   Lewis   Papers. 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     189 

course  of  his  term.  "Where  all  the  competitors  arrive 
at  the  goal  within  a  few  minutes  of  each  other,  the  race 
is  too  close  to  concede  to  either  any  merit  on  the  ground 
of  superior  vigilance,"  said  he  in  one  of  these.  "The 
presumption  is  that  the  debts  are  all  eciually  just,  and  if 
so,  the  principle  of  equity  requires  that  they  should  all 
participate  equally  in  the  remnant  of  their  debtor's  prop- 
erty. So  that  the  introduction  of  the  fractional  principle, 
so  far  from  being  justified  by  unavoidable  necessity  for 
the  purpose  of  doing  justice,  would  be  productive  of  the 
gross  injustice  of  giving  a  monopoly  of  the  assets  to  one 
creditor,  to  the  exclusion  of  other  claims  equally  just. 
Thus  the  wholesome  principle  of  the  common  law  would 
be  departed  from  for  a  purpose  which  a  chancellor  would 
never  lend  his  aid  to  accomplish."^  In  view  of  later  atti- 
tudes toward  competition  one  of  these  opinions  is  an 
interesting  commentary:  "It  is  the  policy  of  the  law  to 
promote  competition,  and  thus  to  produce  the  highest 
and  best  price  which  can  be  obtained."^ 

The  opinions  of  Justice  Lewis  seemed  to  grow  more 
and  more  strictly  professional  as  these  years  passed,  so 
that  it  is  with  great  difficulty  that  parts  of  one  of  them 
may  be  properly  separated  from  the  context.  The  close 
texture  of  the  reasoning  and  its  limitation  to  the  imme- 
diate point  of  issue,  while  adding  to  the  perfection  of 
their  technical  character  and  making  them  ideally  learned 
in  law,  increase  their  interest  for  the  professionally 
interested  rather  than  for  the  general  student.  So  many 
of  his  opinions  at  this  period  are  of  this  nature  and  are 
such  models  of  precision  and  close  logical  texture  that 
the  question  arises  whether  the  interest  of  the  reasoning 
might  not  overcome  the  disinclination  of  most  minds 
to  unfamiliar  technicality — as  it  certainly  would  to  those 
minds  which  enjoy  clear  logical  process  wherever  used. 
An  ordinary  example  of  this,  selected  only  because  it 
refers  to  the  structure  of  the  court  itself,  is  the  following: 
"This  case  came  before  us  at  the  Middle  District,  on 
a  writ  of  error  directed  to  the  Court  of  Quarter  Sessions 
of  Allegheny  County.  As  that  county  is  part  of  the 
Western  District,  a  question  arises  in  relation  to  the 
power  of  this  Court  to  hear  and  determine  the  cause 

'  II    Harris,   301. 
'  Ibid.,  310. 


190  ELLIS  LEWIS 

out  of  its  proper  place.  It  is  true  that  the  parties  do 
not  raise  the  question ;  but  as  their  consent  cannot  give 
jurisdiction,  we  are  bound  to  ascertain,  before  we  pro- 
ceed, how  far  we  have  authority  over  the  case.  By  the 
fourth  section  of  the  fifth  article  of  the  Constitution,  it 
is  expressly  declared  that  the  'jurisdiction  of  the  Supreme 
Court  shall  extend  over  the  State.'  As  the  Constitution 
itself  fixes  the  extent  of  our  jurisdiction,  it  is  plain  that 
an  Act  of  Assembly  cannot  contract  its  limits.  But  the 
Act  of  14th  April,  1834,  dividing  the  State  into  districts, 
was  not  designed  to  circumscribe  the  jurisdiction  of  the 
court.  The  object  was  merely  to  give  suitors  the 
privilege  of  having  their  cases  heard  within  convenient 
distances  from  the  places  in  which  they  originated,  and, 
where,  generally,  the  parties  are  presumed  to  reside. 
This,  like  any  other  advantage,  may  be  waived  with  the 
consent  of  the  Court.  There  is  nothing  in  the  statute 
which  is  repugnant  to  such  a  waiver.  The  Act  of 
Assembly  requires  the  Supreme  Court  to  be  held  at 
stated  times  annually  in  the  several  districts.  This  has 
always  been  done ;  so  that  the  statute,  in  that  particular, 
has  been  satisfied.  But  justice  may  sometimes  require 
that  a  case  be  taken  up  out  of  its  proper  district.  A 
delay  which  works  irreparable  mischief  is  sufficient  to 
call  for  the  exercise  of  this  power,  under  the  constitu- 
tional injunction  that  'justice  shall  be  adminisitered 
without  denial  or  delay.  So,  an  abuse  of  process  or  a 
mistake  in  entering  a  judgment  has  been  deemed  suffi- 
cient to  justify  the  interference  of  the  Court,  although, 
at  the  time,  not  sitting  in  the  district  where  the  mistake 
or  abuse  occurred.  In  one  instance  we  have  made  an 
order  in  the  Eastern  District  to  grant  relief  against 
process  issued  on  a  judgment  erroneously  entered  in 
the  Western  District ;  and  it  is  a  common  practice  to 
pronounce  judgment  in  one  district  on  causes  originating 
in  another.  In  the  case  now  before  us,  as  the  parties 
make  no  objection,  and  as  our  jurisdiction  over  them 
and  over  the  subject  matter  in  controversy  is  not 
doubted,  the  propriety  of  exercising  it  in  the  manner 
proposed  is  to  be  decided  by  considerations  of  expediency 
alone.  As  the  punishment  imposed  by  the  sentence 
would  be  fullv  suirered  and  ended  before  the  cause  could 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     191 

be  reached  in  the  ordinary  course,  and  this  would  pro- 
duce injustice,  if  erroneous,  for  which  there  in  no  ade- 
quate redress,  we  deem  it  our  duty  to  proceed  to  the 
examination  of  the  record  returned."' 

The  Sunbury  session  was  decidedly  short  in  1854, 
the  entire  list  of  opinions  produced  by  it  being  but  eleven, 
with  but  two  of  these  and  an  "additional"  opinion 
credited  to  Justice  Lewis — a  condition  which  may  have 
been  due  to  the  fact  that  he  dissented  in  two  other  cases. 
The  "additional"  opinion  is  so  characteristic  that  it  is 
given  entire:  "The  object  of  a  sheriff's  sale  is  the  con- 
version of  the  debtor's  estate  into  money  for  the  payment 
of  debts.  It  is  the  policy  of  the  law  that  the  highest 
price  should  be  obtained  at  the  least  expense.  It  is 
against  the  interest  of  debtors  and  creditors  that  the 
property  should  be  sold  for  less  than  its  value,  or  that 
the  proceeds  should  be  eaten  up  by  the  cost  of  unneces- 
sary proceedings.  Common  humanity  requires  that  the 
misfortunes  of  life  should  not  be  aggravated  by  such 
harshness,  and  common  justice  demands  that  legal  pro- 
ceedings should  not  be  made  a  snare  for  innocent 
citizens  who  repose  confidence  in  them.  When  the 
officers  of  the  law  sell  the  real  estate  of  a  debtor  for  the 
price  publicly  bid  for  it,  it  is  unjust  to  exact  anything 
more  than  the  sum  thus  agreed  upon  to  be  paid,  or  to 
deprive  the  purchaser  of  the  benefit  of  his  purchase,  by 
means  of  encumbrances  not  understood  to  be  continuing 
hens.  Such  an  act  in  an  individual  would  be  condemned 
as  fraud.  It  loses  none  of  its  turpitude  by  being  clothed 
in  the  garb  of  public  authority.  Even  the  boasted 
omnipotence  of  Parliament  cannot  change  the  code  of 
morals,  and  make  that  just  which  is  in  its  nature  abso- 
lutely wrong.  In  accordance  with  these  principles,  it 
was  the  settled  law,  in  regard  to  judicial  sales  for  the 
payment  of  debts,  that  the  parties  interested  were  not 
put  to  the  expense  of  any  more  than  one  sale — that  such 
a  sale  worked  an  absolute  conversion  of  the  property 
into  money,  and  consequently  discharged  the  land  in  the 
hands  of  the  purchaser  from  all  encumbrances  which  in 
their  nature  admitted  of  being  reduced  to  certainty  in 
amount.     It  substituted  the  proceeds  for  the  land,  and 

'  II   Harris,  362. 


192  ELLIS  LEWIS 

g^ave  to  the  lien-creditors  a  claim  on  the  fund  instead 
of  their  liens  on  the  land.  The  salutary  effect  of  this 
rule  was,  that  it  encouraged  competitors  at  such  sales, 
and  property  brought  its  full  value.  The  plain  business 
man  could  bid  with  as  much  safety  as  the  more  wary 
speculator.  Thus,  all  parties  interested  in  the  property 
derived  the  full  advantage  of  its  conversion  into  money. 
But  the  Act  of  1830  changed  this  policy  so  far  as  to 
protect  the  holders  of  mortgages,  having  prior  liens, 
from  sales  under  judgments  entered  subsequently. 
Under  that  statute  several  sales  are  necessary  where 
one  was  sufficient  before.  Whether  the  title  or  a  mere 
equity  of  redemption  is  sold,  depends  upon  circumstances 
not  always  known  or  easily  ascertained  at  the  sale. 
Hence,  no  one  can  safely  bid  at  a  sheriff's  sale  without 
previously  examining  the  records  for  judgment,  mort- 
gages, and  other  liens  not  only  against  the  defendant 
in  the  execution,  but  against  all  persons  who  had  ever 
before  had  any  interest  in  the  property.  Few  men  are 
willing  to  put  themselves  to  the  trouble  and  expense  of 
these  searches  on  a  mere  possibility  —  that  they  may 
become  the  purchasers.  The  field  is  therefore  abandoned 
to  those  who  follow  the  business  of  making  profit  out 
of  the  misfortunes  of  their  fellows.  These  men  generally 
obtain  their  purchases  at  a  price  so  low  as  to  indemnify 
themselves  against  the  risks  they  encounter.  But  if 
a  creditor,  anxious  to  secure  his  demand,  or  a  business 
man,  desirous  of  obtaining  a  place  for  his  business,  or 
a  home  for  himself  and  his  family,  ventures  to  run  the 
property  up  to  its  value,  he  frequently  discovers,  after 
it  is  too  late  to  recede,  that  a  mortgage  exists  against 
the  property  which  sweeps  it  away  from  him  after  he 
has  paid  all  that  it  is  worth. 

"Many  innocent  men  have  been  ruined  by  the  pur- 
chase of  property  at  judicial  sales  since  the  Act  of  1830. 
After  ten  years'  experience  of  the  evils  produced  by  that 
Act,  the  Supreme  Court,  in  1840,  declared  that  'the  con- 
sequences of  the  Act,  wherever  we  have  had  occasion  to 
observe  them,  have  been  disastrous:'  6  Wharton,  216. 
After  fourteen  years'  further  opportunity  to  witness  the 
operation  of  that  statute,  we  are  compelled  to  bear  the 
same  testimony  against  it.     Under  its  provisions  no  un- 


A  FIRST  ELECTIVE  SUPREME  COURT  JUSTICE     193 

learned  man  can  with  safety  bid  at  a  judicial  sale.  It 
was  therefore  very  properly  held  in  Berger  v.  Heister,  6 
Wharton,  214,  that  'the  disastrous  consequences  of  the 
Act  is  a  legitimate  reason  why  it  should  not  be  pushed 
beyond  the  supposed  mischief;'  and,  in  the  same  case, 
it  was  distinctly  declared  that  the  design  of  the  Act 
was  to  protect  the  mortgagee  from  the  intermeddling 
of  subsequent  creditors,'  and  that  'a  judgment-creditor 
ivho  is  himself  the  prior  mortgagee,  was  not  to  be  deemed  a 
subsequent  creditor  within  the  purview  of  the  statute,  or, 
in  his  capacity  of  mortgagee,  an  object  of  protection  against 
himself.'  'When  he  appears  in  a  double  capacity,'  it  was 
held,'that  a  case  has  arisen  which  was  not  contemplated 
nor  consequently  provided  for:'  6  Wharton,  216.  Al- 
though the  authority  cited  was  the  case  of  a  sale  on 
one  of  the  mortgage  bonds,  it  was  declared  that  this 
made  no  difference — that  the  consequences  would  be  the 
same  were  the  securities  arising  out  of  different  trans- 
actions ;  and  the  case  was  put  upon  the  impregnable 
ground  that  the  Act  was  not  intended  to  protect  the 
mortgagee  against  himself — that  the  sale  was  by  virtue  of  a 
judgment  under  his  ozvn  control,  and  that  by  not  proposing  to 
sell  subject  to  his  uwrtgage  he  was  taken  to  sell  discharged  of 
it:  6  Wharton,  216.  That  principle  settles  the  case  before 
us.  It  is,  in  my  opinion,  the  true  meaning  of  the  statute. 
We  have,  therefore,  sound  principles  as  well  as  binding 
authority  in  support  of  the  justice  of  this  case.  The 
property  in  question  was  sold  by  virtue  of  a  judgment 
under  the  control  of  Dr.  Gibson,  the  mortgagee,  and  it 
was  not  offered  for  sale  subject  to  the  mortgage.  He 
must  therefore  be  taken  to  have  sold  discharged  of  it. 
The  purchaser  took  a  clear  title,  and  the  proceeds  should 
be  distributed  among  all  the  lien  creditors  according  to 
their  priority.  If  the  sale  were  held  to  be  within  the 
operation  of  the  Act  of  1830,  the  result  would  be  that 
the  owner  of  the  property  must  lose  the  use  of  it  for  a 
year,  and  must  pay  to  those  who  thus  wrong  him  the 
sum  of  $1500  to  get  it  back;  and  those  who  purchased 
it  and  agreed  to  pay  for  it,  instead  of  fulfilling  their 
contract,  are  allowed  a  premium  for  violating  it !  Justice 
forbids  the  sanction  of  such  a  gross  iniquity.  In  my 
opinion  the  proper  way  to  do  justice  in  this  case  is  to 


194  ELLIS  LEWIS 

enforce  the  true  construction  of  the  Act  of  1830  by- 
holding-  that  it  was  not  designed  to  protect  mortgagees 
against  their  own  acts.  But,  without  affirming  or  deny- 
ing the  soundness  of  this  construction,  the  majority  of 
the  judges  have  determined  to  reheve  the  mortgagee 
from  the  hardship  of  his  case  by  sending  the  cause  back 
with  such  directions  as  will  enable  the  Court  of  Common 
Pleas  to  set  aside  the  sale.  As  a  general  rule,  ignorance 
of  the  law  is  no  ground  for  relief  from  the  obligation  of 
a  contract.  But  where  the  contract  is  made  in  some  sort 
with  the  court  themselves,  and  where  the  highest  of 
these  tribunals  has  actually  represented  that  the  pur- 
chaser, under  circumstances  like  those  existing  in  this 
case,  would  take  the  land  discharged  of  encumbrances, 
either  that  representation  ought  to  be  carried  out,  or  the 
purchaser,  acting  on  the  faith  of  it,  should  be  relieved. 
Failing  to  secure  the  first,  I  resort  to  the  second  as  the 
only  alternative  left.  For  these  reasons  I  concur  in  the 
decree."^ 

With  the  Pittsburgh  session  of  1854  comes  the  last 
one  under  the  Chief  Justiceship  of  Jeremiah  S.  Black. 
The  session  produced  forty-one  opinions,  or  forty-two, 
if  one  of  Justice  Lewis'  is  included,  which  was  carried 
over  to  the  next  term.  Of  these,  counting  the  last  men- 
tioned opinion,  he  delivered  twelve,  which  was  more  nearly 
his  usually  large  number.  "It  is  impossible  to  administer 
justice,"  said  he  in  one  of  these  opinions,  "by  giving 
mere  isolated  responses  to  points  unconnected  with  the 
facts  of  the  case.  If  a  plaintiff  in  error  may  demand 
a  response  on  one  abstract  principle  he  has  the  same 
right  in  respect  to  all  other  questions  of  law,  whether 
they  arise  in  the  case  of  not.  To  permit  such  a  practice 
would  be  to  place  the  time  and  attention  of  the  judicial 
tribunals  at  the  disposal  of  any  one  who  chooses  for  his 
amusement  or  instruction  to  put  interrogatories,  and 
would  unnecessarily  vex  the  parties  by  exposing  their 
judgments  to  the  danger  of  reversal  for  immaterial 
errors.  Courts  of  justice  are  established  to  determine 
controversies  actually  existing,  not  to  decide  abstract 
principles. "- 

^  n   Harris,   513. 
2  12  Harris,  75. 


CHAPTER  XII 
He  Succeeds  Jeremiah  S.  Black  as  Chief  Justice 

1854 

With  the  approaching  expiration  of  the  three  years' 
term  of  Chief  Justice  Black  in  1854,  he  was  at  once  nom- 
inated for  reelection  as  a  Justice  on  the  same  bench,  and 
the  voting  in  October  restored  him  to  the  court  for  the 
full  fifteen-year  term,  but  not  to  the  Chief  Justiceship. 
The  latter  office,  stripped  of  its  ancient  glory,  as  the 
late  Chief  Justice  Gibson  believed,  and  as  many  others 
likewise  thought,  automatically  fell  to  the  Justice  having 
the  term  next  in  length  to  the  three  years'  term,  namely, 
the  six  years'  term  which  the  drawing  of  lots  had  given 
to  Justice  Ellis  Lewis.  When  the  result  of  the  election 
was  known  Governor  Bigler  wrote  Justice  Lewis  saying, 
in  part:  "You,  Ellis  Lewis,  one  of  the  Judges  of  the 
Supreme  Court,  are  hereby  notified  that  by  virtue  of  the 
foregoing  provisions  of  the  Constitution  and  the  forms 
thereby  prescribed  you  are  the  Chief  Justice  of  the 
Supreme  Court  of  Pennsylvania  and  entitled  to  that  rank 
from  Monday  the  5th  of  the  present  month  until  the 
expiration  of  your  commission."^  This  was  dated  for 
December,  but  was  sent  on  November  27th,  with  the 
following  letter:  "I  have  commissioned  you  as  Chief 
Justice  in  the  room  of  J.  S.  Black  and  have  sent  an 
announcement  of  the  fact  to  the  Pcnnsylvanian.  It  will 
appear  in  the  next  number.  I  have  said  about  you  just 
what  I  pleased  for  I  am  just  now  in  a  condition  to  [be] 
very  independent."^  The  "commission"  was  merely  a 
private  letter  of  notification  from  the  Governor,  unat- 
tested by  the  Secretary  of  the  Commonwealth,  and  in 
no  proper  sense  a  "commission,  '  as  Justices  Lewis, 
Lowrie  and  Knox  believed.  It  was  plainly  stated  in 
4  Harris'  Reports  that  Judge  Black  had  been  "commis- 

*  Partial   copy  among   the    Lewis   Papers. 

'  Original  among  the  Lewis  Papers.  This  notice  appeared  as  an  editorial 
and    was   very   complimentary. 


196  ELLIS  LEWIS 

sioned  as  Chief  Justice  for  the  term  of  three  years,"  and, 
the  court  not  being  in  session  Justice  Lewis  communi- 
cated with  the  above  fellow-Justices,  who  were  conve- 
niently at  hand,  and,  concluding  that  the  existence  of 
a  Justice's  commission  had  caused  the  Governor  to 
think  a  notification  sufificient  and  they  believing  other- 
wise, prepared  a  legal  form  to  supplement  the  Justice's 
commission,  reciting  the  facts  of  the  notification,  but 
"declaring,"  says  Chief  Justice  Lewis,  "that  by  virtue 
of  the  Constitution  there  is  granted  full  power  &c.  as  in 
a  regular  commission."^  This  Justice  Knox  took  to 
Governor  Bigler  and  argued  for  its  issue  about  Decem- 
best  1st. 

About  the  time  the  Governor  received  this  communi- 
cation from  Justice  Knox,  he  also  received  one  from 
ex-Chief  Justice  Black,  dated  November  25th,  at  Som- 
erset, as  did  Judge  Lewis  also.  The  one  to  Judge  Lewis 
indicates  the  substance  of  the  other:  "I  have  been 
told,"  Judge  Black's  letter  reads,  "that  you  have  re- 
quested the  Governor  to  give  you  a  commission  as 
Chief  Justice  of  the  Supreme  Court.  I  object  to  this 
for  several  reasons  some  of  which  I  will  state.  It  is 
unconstitutional  and  illegal.  You  have  a  commission. 
That  is  the  only  one  you  are  entitled  to.  The  power 
of  the  Executive  was  functus  officio  with  reference  to 
your  election  when  that  was  issued.  You  are  C.  J.  by 
virtue  of  the  fact  that  your  term  of  office  expires  first. 
You  were  elected  a  Judge  of  the  Sup.  Ct. — and  the 
Governor  has  no  right  to  commission  you  for  anything 
else.  Johnston  asked  me  if  I  should  be  commissioned 
as  C.  J.  and  I  said  no.  I  would  neither  be  commissioned 
nor  sworn  for  an  office  I  was  not  elected  to.  Harris 
says  somewhere  in  one  of  his  books  that  I  was  commis- 
sioned as  C.  J.  but  he  is  not  authority  &  it  is  not  true. 
But  all  I  could  say  about  law  and  constitution  you  know 
as  well  as  I  do. 

'T  have  another  objection,"  he  continues.  "It  will 
expose  you  to  imputations  which  if  you  knew  them 
would  be  unpleasant.  It  will  prejudice  your  reputation 
for  manliness  &  good  sense.  You  have  talents  and 
learning  which  will  honor  any  judicial  place  you  occupy. 

'  Statement  by  Chief  Justice  Lewis  among  the  Lewis  Papers. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  197 

If  you  look  to  those  qualities  and  to  them  alone  for 
character  you  will  never  be  disappointed.  But  it  is  right 
for  me  to  tell  you  in  all  candor  and  friendship  that  many 
persons — a  majority  I  think — expect  you  to  be  much 
elated  with  the  consciousness  of  being  at  the  head  of 
the  court — that  you  put  a  wonderful  value  on  that 
empty  title — and  that  you  are  perfectly  'ravished  with 
the  whistling  of  a  name.'  I  have  heard  very  much  of 
this  since  our  last  adjournment  and  something  of  it  was 
said  in  the  far  West.  You  assured  me  at  Pittsburgh  that 
it  was  not  true  and  I  denied  it  on  your  authority.  But 
how  would  I  be  able  to  explain  your  anxiety  to  get  a 
void  commission  which  you  and  everybody  else  knows 
can  have  nothing  in  it  but  the  mere  sound  of  the  title? 
I  say  sound  for  the  title  itself,  empty  as  it  is,  comes  in 
another  way.  A  thousand  eyes  will  be  on  you  and  if 
you  open  your  new  career  with  an  act  like  this,  every 
one  will  explain  it  by  your  supposed  peculiarities  of 
mind.  But  if  you  will  take  your  place  as  a  matter  of 
course  and  as  a  duty  you  disappoint  them  and  excite 
more  admiration  than  you  could  do  by  causing  a  thou- 
sand trumpets  to  be  blown  before  you. 

"I  object  to  it,"  he  further  continues,  "on  Bigler's 
account.  We  need  him  as  one  of  the  supporters  of  the 
Constitution.  We  cannot  afford  to  have  him  weakened 
by  such  a  violation  of  it.  If  it  were  done  to  secure  a 
great  object  it  might  be  borne.  But  this  is  a  purpose 
which  has  less  ii>  it  than  nothing  and  the  act  would  be 
clearly  wrong  without  a  thing  to  redeem  it.  Bigler 
must  not  do  anything  inconsistent  with  his  past  history 
and  what  is  expected  of  him  in  the  future.  These  are 
times  when  every  friend  of  the  Constitution  must  hus- 
band every  atom  of  his  power.  You  will  think  (I  fear 
so  at  least)  that  this  is  none  of  my  business.  But  I 
am  a  free  citizen  of  the  State  and  have  a  right  to  speak 
of  public  matters — I  am  a  member  of  the  Supreme  Court 
and  am  concerned  in  its  character — I  am  a  believer  in 
the  Constitution  and  will  not  see  it  violated  in  any 
particular  without  protest.  I  have  but  one  more  sug- 
gestion to  make.  Does  not  the  taking  of  a  new  com- 
mission imply  a  surrender  of  the  old  one?  Certainly 
there  is  no  way  to  answer  this  except  by  the  humiliating 


198  ELLIS  LEWIS 

confession  tliat  the  new  one  was  taken  for  the  mere 
name  of  the  thing.  But  suppose  the  new  administration 
should  take  the  other  view  of  it  a  quo  tvarranto  would 
be  an  ngly  thing,  would  it  not?  Collins  was  destroyed, 
Darlington  was  killed  &  Gibson's  life  was  embittered 
by  accepting  new  commissions.  But  they  walked  over 
the  Constitution  and  gave  some  dignity  to  their  breach 
of  it  by  doing  it  for  a  substantial  purpose — to  add  time 
and  power  and  emolument  to  their  public  life — not 
merely  to  make  their  titles  more  sonorous.  Pollock  and 
his  Attorney  General  would  have  a  triumphant  party 
and  the  sympathies  of  thousands  of  democrats  to  back 
them.  The  other  members  of  the  Court  might  stand 
like  Horatius  at  the  head  of  the  bridge  and  break  back 
the  host  alone — that  is,  perhaps  they  might  and  perhaps 
not,  for  may  be  the  law  as  well  as  public  opinion  would 
be  against  you.  In  any  event  the  discussion  of  the  sub- 
ject would  injure  us  and  you  while  it  would  do  our 
adversaries  great  good.  They  are  not  such  fools  as  to 
misunderstand  this  advantage.  I  have  said  my  say. 
You  may  differ  as  much  as  you  please.  But  do  not  be 
offended  if  I  express  my  opinion  at  another  time  and 
place  more  at  length  and  more  emphatically  than  I  have 
done  here.  Mayhap  you  don't  believe  it  but  it  is  true 
nevertheless  that  I  am  your  friend  and  well-wisher — 
J.  S.  Black."^ 

Evidently  ex-Chief  Justice  Black  felt  deeply  on  the 
subject  and  his  colleague,  Justice  Woodward,  likewise 
dissented  from  the  unofficial  opinions  of  Justices  Lewis, 
Lowrie  and  Knox,  for  Judge  Woodward  also  addressed 
the  Chief  Justice  a  letter,  of  the  very  same  date,  Decem- 
ber 2nd :  "Dear  Judge,"  he  begins,  'T  hope  you  have 
not  accepted  the  new  commission.  I  have  looked  at  the 
constitutional  amendment  and  the  Acts  of  Assembly  and 
it  seems  to  me  that  they  displace  the  old  law — and  that 
according  to  them  no  one  was  to  be  commissioned  as 
Chief  Justice,  but  that  among  those  commissioned  the 
Chief  Justice  was  to  be  determined  by  the  duration  of 
existing  commissions — the  shortest  to  be  Chief.  This  I 
say  is  the  way  it  seems  to  me  tlio'  I  differ  from  your 
clear  conclusions  with  great  deference  in  this  instance 

^  Lewis  Papers.  This  letter  was  only  a  temporary  ebullition;  they  were 
as  good  friends  as  ever  soon  afterward. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  199 

as  in  all  others.  But  suppose  you  should  chance  to  be 
wrong  —  having  surrendered  the  old  commission  & 
taken  the  new,  would  you  not  be  out  of  ofifice?  A 
doubt  on  this  point  makes  me  hope  you  will  not  accept 
the  new  com'n."^ 

The  Governor,  however,  argued  the  matter,  in  his 
letter  to  ex-Chief  Justice  Black  on  December  2nd,  as 
follows:  After  noting  Black's  objections  he  said,  "The 
correctness  of  this  opinion  must  depend  very  largely 
on  what  is  meant  by  a  commission.  An  official  evidence 
of  facts  that  are  matters  of  record  in  this  Department, 
could,  it  seems  to'  me,  work  harm  to  no  one;  and  could 
by  no  possible  construction  be  held  as  a  violation  of  the 
Constitution.  A  commission,  in  this  instance,  would  be 
the  mere  evidence  of  facts.  It  could  neither  make  nor 
unmake  a  Judge — it  could  not  add  an  hour  to  the  tenure 
of  his  office,  diminish  or  extend  his  duties,  nor  add  one 
iota  to  the  honors  or  dignities  of  the  station.  It  can 
but  be  a  mere  abstract  form  or  recital  of  therecordswhich 
constitute  the  true  evidence  of  the  election  under  the 
laws  and  Constitution.  In  issuing  it  the  executive  per- 
forms but  a  ministerial  duty.  The  officer  not  being 
appointed  by  the  Governor  were  he  to  neglect  or  refuse 
to  issue  a  commission,  the  person  elected  would  be  none 
the  less  entitled  to  the  office ;  though  his  performance 
of  the  duties  might  be  disputed.  Were  a  dozen  of  com- 
missions issued  they  would  all  state  the  same  facts,  and 
that  certainly  could  not  violate  the  Constitution  or  be 
in  derogation  of  the  laws.  Were  a  Governor  to  attempt 
to  confer  by  commission  powers  and  prerogatives  not 
recognized  by  the  Constitution  or  otherwise  inconsistent 
with  the  laws,  he  would  be  guilty  of  misdemeanor  and 
the  commission  would  not  be  worth  a  straw.  It  would 
be  a  lie  and  a  nullity,  and  whilst  it  might  do  no  harm 
to  the  public  the  act  would  reffect  great  disgrace  upon 
the  officer.  But  nothing  of  this  kind  has  been  contem- 
plated for  a  moment,  nor  has  it  been  contended  that  a 
commission  should  be  issued  to  supersede  that  already 
issued,  or  that  could  in  any  way  conflict  with  it. 

"With  the  limited  reflection  I  have  given  this  sub- 
ject," he  continued,  "I  am  not  entirely  clear  as  to  what 

'  Letter  among  the   Lewis   Papers. 


200  ELLIS  LEWIS 

is  right  and  proper.  I  incline  to  the  opinion,  however, 
that  the  commissions  are  not  issued  in  the  proper  form 
and  that  your  advice  to  Governor  Johnston  was  wrong. 
They  ought  to  have  recited  the  exact  words  of  the  Con- 
stitution— that  the  judge  holding  the  oldest  commission 
should  be  entitled  to  the  rank  of  Chief  Justice.  You  say 
that  you  were  not  elected  to  the  office  of  Chief  Justice. 
I  think  you  were.  I  think  you  were  under  the  obliga- 
tions of  an  oath  to  discharge  the  duties  of  that  station 
just  as  clearly  as  if  you  had  been  so  denominated  on  the 
ballots  that  elected  you.    But  this  is  unimportant, 

"Whilst  I  do  not  incline  to  the  opinion  that  a  formal 
commission  is  necessary,  I  do  think  it  ^entirely  proper 
that  a  formal  notice  be  given  whenever  the  contingency 
provided  for  by  the  Constitution  shall  occur.  Most 
certainly  the  record  in  this  office  should  be  complete 
and  should  constitute  a  ready  indication  to  those  who 
shall  come  after  us  who  filled  this  important  office  at 
different  periods  of  time ;  and  I  can  see  no  reason  why 
the  individual  should  be  deprived  of  the  tangible  evidence 
of  a  fact  that  may  be  so  very  agreeable  to  his  posterity. 
Under  the  present  practice  should  no  record  come  into 
existence,  and  as  you  say,  Harris'  Reports  are  not  good 
authority,  there  will  be  no  record  of  the  fact  in  the 
public  Archives. 

"Besides,"  he  continues,  "the  individual  holding  the 
place  should  have  evidence  in  his  possession  of  the  right 
to  do  so.  You  say  the  Constitution  furnishes  evidence 
of  that  fact.  So  it  does,  and  the  laws  and  the  election 
returns,  with  the  Constitution  furnishes  the  evidence 
that  the  individual  was  made  a  Judge,  and  thus  your 
argument  is  good  against  any  commission.  Were  the 
right  of  Judge  Lewis  disputed,  he  would  be  obliged  to 
send  here  and  procure  a  copy  of  the  allotment,  and  then 
show  by  virtue  of  the  Constitution  and  the  age  of  his 
commission,  that  he  was  entitled  to  the  place.  If  a 
notice  be  issued  by  the  Governor  whenever  the  contin- 
gency provided  for  in  the  Constitution  arises,  and  that 
notice  be  recorded  here,  it  will  make  a  plain  record  for 
the  State  and  a  ready  witness  for  the  individual  holding 
the  office.     If  I  comprehend  you  rightly,  this  would  not 


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'I'he   Commission    of   Chief  Justice    Ellis    Lewis. 

the   first   commission   of  a  Chief  Justice   under  the  elective  system, 

in   possession   of   Miss  Joscpliine    Lewis,    I'liiladclphia 


CHIEF  JUSTICE  OF  PENNSYLVANIA  20i 

conflict  with  your  views.  Sure  I  am  that  such  a  simple 
statement  of  truth  can  harm  no  man. 

"I  enclose  a  copy  of  the  notice  sent  Judge  Lewis. 
When  you  all  meet  at  Piiiladelphia,  you  can  talk  the 
subject  over,  and  see  what  is  deemed  best.  You  are  in 
error  as  to  Judge  Lewis  having  asked  me  for  a  com- 
mission as  Chief  Justice.  The  idea  was  suggested  to 
me  by  Judge  Knox,  and  taking  Harris'  Reports  as  true, 
and  your  commission  as  a  precedent,  it  is  a  wonder 
I  did  not  at  once  issue  a  broad,  full  and  formal  commis- 
sion. You  will  pardon  what  may  seem  crude  in  this, 
for  I  have  written  in  haste,  and  with  but  little  reflection. 
I  esteem  your  good  opinion  too  highly  to  be  willing  to 
hazard  it  in  a  matter  of  no  more  moment  than  that 
which  I  have  just  been  considering."^ 

When  the  Governor  received  the  form  of  commission 
approved  by  Chief  Justice  Lewis  and  Justices  Lowrie 
and  Knox,  he  made  a  proper  copy  on  December  5th,  but 
did  not  forward  it  until  the  court  had  had  abundant  time 
to  consider  the  question.  Chief  Justice  Lewis,  through 
delicacy  or  for  some  other  reason,  omitted  to  return  the 
notification  form,  but  on  January  3,  1855,  did  so,  stating 
that  he  had  omitted  it.  The  result  was  that  the  com- 
mission proper,  reciting,  first,  that  Lewis  was  elected 
Justice  in  1851  ;  secondly,  that  a  commission  was  issued 
then ;  thirdly,  that  the  Constitution  provided  that  the 
Justice  whose  commission  shall  first  expire  shall  be 
Chief  Justice ;  fourthly,  that  Black's  term  had  expired 
and  that  Lewis  was  entitled  to  the  office  of  Chief  Justice; 
and  finally  that  because  of  these  facts  Lewis  was  now 
granted  all  that  pertained  to  the  Chief  Justiceship  for 
the  term  of  three  years,  was  issued  thus  complementing 
his  commission  as  Justice,  so  that  he  possessed  both 
commissions — a  custom  which  has  now  prevailed  for 
over  a  half  century  with  none  of  the  disastrous  results 
apprehended  by  the  distinguished  ex-Chief  Justice,  al- 
though it  has  caused  him  to  be  the  only  Chief  Justice 
in  the  history  of  Pennsylvania  who  received  no  commis- 
sion as  such.^ 

'  Copy   sent    by    Governor    Bigler   to    Chief  Justice   Lewis. 

'  Both  these  commissions  are  in  the  possession  of  Miss  Josephine  Lewis, 
Philadelphia.  The  commission  as  Chief  Justice  is  reproducecl  in  reduced  size 
herewith.  It  is  interesting  to  note  that  tlie  oath  of  office  inscribed  in  form  on 
the  back  of  it  was  taken   before  Justice   Lowrie. 


202  ELLIS  LEWIS 

The  Supreme  Court  of  Pennsylvania  has  often  in  its 
history  been  without  a  fixed  home,  compelled  to  use 
temporary  quarters  or  an  ordinary  court-room  not  in 
use  by  the  local  court.  It  was  so  at  this  time.  Its  old 
quarters  had  been  given  up  by  Councils  to  District 
Court  No.  2  at  Sixth  and  Chestnut,  and  it  was  pro- 
posed to  send  the  Supreme  Court  to  Spring  Garden  Hall, 
which  was  then  in  the  consolidated  city.  There  was 
some  objection  to  the  latter  project  for  many  reasons, 
one  of  them,  voiced  by  Justice  Woodward,  being  that 
the  law  meant  that  the  sessions  should  be  held  in  the 
old  city  of  Philadelphia.^  Room  No.  5  had  been  the 
Nisi  Prius  court-room  in  which  these  sessions  were 
held  by  members  of  the  court,  and  opposite  this  room  in 
the  Court  House,  at  Independence  Square  were  rooms 
devoted  to  the  Grand  Jury  and  District  Attorney  which 
Councils  had  arranged  to  put  in  order  for  the  Supreme 
Court  en  banc.  As  it  would  take  some  time  to  make  the 
alterations,  it  was  declared  that  that  court  at  its  De- 
cember session,  with  Chief  Justice  Lewis  presiding, 
should  use  the  Nisi  Prius  room,  No.  5,  until  the  altera- 
tions were  complete.-  It  was  at  a  Nisi  Prius  session  held 
by  Lewis  and  Woodward  in  No.  5  that  an  opinion  was 
rendered  by  Chief  Justice  Lewis  which  was  looked  upon 
as  one  of  the  most  notable  of  his  opinions  as  a  member 
of  the  Supreme  Court. ^  This  was  in  the  case  of  William 
Thomas  v.  James  Crossin  et  al.,  an  opinion  in  Nisi  Prius 
of  which  he  was  the  sole  author,  although  Woodward 
concurred.  In  an  editorial  of  December  13,  1854,  in  the 
Pennsylvanian,  the  same  day  the  opinion  was  published, 
it  says:  "In  determining  this  question,  the  whole  matter 
of  State  Rights,  with  the  powers  delegated  to  the  United 
States,  came  up  for  consideration,  and  the  decision  could 
not  certainly  have  been  intrusted  to  safer,  nor  more  able 
hands.  It  is  a  happy  thing  for  our  country  that  the 
decision  of  this  question  arose  at  a  time  when  peace  and 
good  order  reigned  in  our  midst,  and  that  the  Chief 
Justice  of  our  Supreme  Court  was  called  in  for  its  settle- 
ment.    The  jurisdictions  of  the  State  and  United  States 

*  Letter  of  Justice  Woodward's  to  Chief  Justice  Lewis  of  December  2, 
1854- 

^  Legal  Intelligencer,    December   i,    1854. 

^  For  an  account  of  the  Nisi  Prius  Court  see  "The  Life  and  Times  of 
Thomas   Smith,   1745-1809,"   by   Burton   Alva   Konkle,   pp.    164-5. 


Wal'er   H.    Lowrie 

From    a    photograph    in    the 

Lewis   Material 

in  possession  of  the 

I'ennsylvania     Bar     Association, 

Philadelphia 


George  W.  Woodward 

From    a    photograph    in    the 

Lewis   Material 

in   possession    of    the 

Pennsylvania     Bar    Association, 

Philadelphia 


Ellis    Lewis, 
Chief    Justice, 
From  an  engraving  in  posses- 
sion of  the  Pennsylvania  Bar 
Association,    Philadelphia 


John    C.    Knox 

From   a   photograph 

in   possession   of 

Mrs.    C.    F.    Woodward, 

Lawrenceville,     Pennsylvania 


Jeremiah    C.    Black 
From   a   photograph    in    posse* 

sion   of   the   Pennsylvania 
Bar    Association,    Philadelphia 


The    Si'PRF.ME    CoiRT    OF    Pennsylvania    in    1854 


CHIEF  JUSTICE  OF  PENNSYLVANIA  203 

courts  have  several  times  recently  come  into  conllict,  and 
threatened  serious  consequences.  *  *  '-'"  *  *  Chief 
Justice  Lewis  has  the  happy  faculty  of  making  every- 
thing lucid  and  even  elo(juent  which  his  mind  touches, 
without  detracting  in  the  slightest  degree  from  the  force 
of  his  argument.  *  *  *  *  Every  citizen  of  the 
Union  should  read  the  opinion  of  Chief  Justice  Lewis, 
as  it  will  give  a  more  full  and  accurate  knowledge  of  the 
relative  rights  of  the  State  and  the  United  States  than 
anything  we  have  seen  in  print.  *  *  *  *  yi^e  opin- 
ion will  add  to  the  already  eminent  standing  of  its 
author." 

While  the  opinion  is  too  long  to  reproduce,  one  or 
two  significant  extracts  will  illustrate  its  point:  "Was 
the  sheriff  bound  to  obey  the  order  made  by  the  Circuit 
Court  of  the  United  States?  The  answer  to  this  question 
depends  upon  another :  Had  the  Circuit  Court  of  the 
United  States  jurisdiction  over  the  parties  and  the  ques- 
tion in  the  manner  in  which  it  was  exercised?  In  con- 
sidering a  question  of  this  kind,  it  should  not  be  forgotten 
that  the  States  of  this  Union  are  separate,  free,  and 
independent  sovereignties,  in  all  particulars,  except  those 
over  which  they  have  voluntarily  given  the  control  to 
the  government  of  the  United  States ;  that  the  States 
are,  in  general,  unlimited  in  their  authority,  while  the 
United  States  government  is  one  of  limited  and  enumerated 
powers,  and  is  strictly  confined  to  the  exercise  of  powers 
thus  enumerated.  This  fundamental  principle  of  the 
Union  is  distinctly  stated  in  the  Federal  Constitution 
itself.  After  enumerating  the  powers  granted  to  the 
United  States,  the  Constitution  proceeds  to  declare  'that 
the  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  re- 
served to  the  States  respectively,  or  to  the  people.'  It 
is  upon  this  principle  of  State  sovereignty  that  each 
State  has  an  undoubted  right  to  regulate  its  own 
domestic  institutions  according  to  its  own  wisdom,  and 
that  neither  its  sister  States,  nor  the  Congress  of  the 
United  States,  have  any  right  to  interfere  with  such 
regulation."  Then  after  an  exhaustive  argument  in 
which  he  finds  that  the  sheriflf  was  not  bound  to  execute 
the  order,  he  says:    "In  giving  this  opinion,  there  is  not 


204  ELLIS  LEWIS 

the  slightest  feeling  of  disrespect  for  the  learning  and 
integrity  of  the  Judges  of  the  Circuit  Court.  On  the 
contrary,  we  can  appreciate  the  feeling  and  excuse  the 
errors  of  a  judgment  likely  to  be  excited  by  the  dis- 
orderly movement  of  a  class  of  individuals  who,  setting 
up  their  own  judgments  as  a  'higher  law'  than  the  Con- 
stitution, are  constantly  endeavoring  to  defeat  the 
operation  of  certain  laws  of  the  United  States.  But 
these  considerations  do  not  absolve  us  from  the  dis- 
charge of  our  official  obligations." 

But  records  of  his  work  in  Nisi  Prius  are  so  incom- 
plete that  no  extended  treatment  of  it  can  be  attempted. 
Turning  to  the  session  of  the  court  en  banc,  but  fifty-five 
opinions  are  reported  for  the  entire  court  at  its  first 
meeting  in  Philadelphia  in  1854-5,  with  but  eleven  of 
these  rendered  by  the  Chief  Justice.^  One  of  these  is 
interesting  as  an  early  railway  case.  ''Limited  means," 
reads  the  opinion,  "may  perhaps  limit  the  amount  of 
business  done  by  a  railroad  company,  but  it  can  never 
furnish  an  excuse  for  appropriating  all  its  energies  to  any 
particular  individuals.  If  it  possessed  this  power  it 
might  build  up  one  set  of  men  and  destroy  others ;  ad- 
vance one  kind  of  business  and  break  down  another; 
and  might  make  even  religion  and  politics  the  tests  in 
the  distribution  of  its  favors.  Such  a  power  in  a  rail- 
road corporation  might  produce  evils  of  the  most  alarm- 
ing character.  The  rights  of  the  people  are  not  subject 
to  any  such  corporate  control."" 

Only  forty  cases  are  reported  for  Harrisburg  in  1855 
with  fifteen,  one  of  which  is  an  "additional"  opinion,  as 
the  work  of  Chief  Justice  Lewis.  Two  of  these  are  such 
excellent  examples  of  the  direct,  exact,  and  luminous 
exposition  of  the  point  at  issue  that  the  entire  body  of 
the  opinion  is  of  general  interest,  although  but  a  part 
of  each  is  here  given.  "For  aught  we  know,"  the 
first  in  12  Harris,  3'90,  reads,  "the  evidence  given  on 
the  trial  might  have  fully  justified  the  jury  in  deciding 
that  tlie  crime  was  murder  of  the  first  degree.  But,  as 
they  have  not  done  so,  the  [Supreme]  Court  cannot  look 
into  the   evidence  for  the  purpose  of  ascertaining  the 

^  Dissents  have  probably  been  sufficiently  noted  to  show  their  rarity,  in 
the  preceding  chapter,  and  need  not  be  noted  in  the  present  one. 
*  12  Harris,  382. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  205 

character  of  the  offense.  This  would  be  an  infriiif^emcnt 
of  tlie  trial  by  jury.  They  have  found  the  prisoner  "ji^uilty 
in  manner  and  form  as  he  stands  indicted,'  without  other- 
wise 'ascertaining'  the  degree."  In  the  second  he  says : 
"Our  constitution  gives  the  people  the  right  of  electing 
the  clerks  of  the  several  Courts  of  original  jurisdiction, 
and  of  bestowing  these  offices  from  time  to  time  upon 
inexperienced  men.  If  the  records  made  up  by  these 
public  servants  are  not  construed  with  great  liberality, 
justice  cannot  be  administered.  ******** 
The  common  law  embodies  in  itself  sufficient  reason  and 
common  sense  to  reject  the  monstrous  doctrine  that  a 
prisoner  whose  guilt  is  established  by  regular  verdict 
is  to  escape  punishment  altogether,  because  the  Court 
committed  an  error  in  passing  the  sentence.  If  this 
court  sanctioned  such  a  rule,  it  would  fail  to  perform 
the  chief  duty  for  which  it  was  established.  Our  duty 
is  to  correct  errors,  and  'to  minister  justice.'  But  such 
a  course  would  perpetuate  error,  and  produce  the  most 
intolerable  injustice."^  The  latter  is  an  "additional'* 
opinion — a  class  that  is  almost  invariably  of  peculiar 
strength,  no  doubt  because  it  is  the  result  of  unusual 
conviction  in  the  mind  of  its  author.^ 

Omitting  the  Sunbury  session,  of  which  but  five 
opinions  are  reported,  with  but  one  from  the  Chief 
Justice,  and  turning  to  the  Pittsburgh  term  of  1855,  the 
remarkable  list  of  one  hundred  and  twenty-seven  opin- 
ions appears.  Of  this  list  forty-four  are  credited  to 
Chief  Justice  Lewis. ^  In  one  of  these  he  said:  "This 
construction  accords  with  our  usages,  and  with  the  spirit 
of  our  institutions.  It  is  most  conducive  to  the  interests 
of  all  parties  to  the  contract,  and  we  hold  it  to  be  the 
law  of  Pennsylvania."*  On  the  point  of  the  number  of 
pounds  of  metal  to  a  ton  on  the  Allegheny  River,  where 
custom  made  a  ton  larger  than  the  law  did,  he  referred 
to    Solomon's    remarks    about    "diverse    weights"    and 

'  1   Casey,   22. 

'Chief  Justice  Lewis  received  the  following  self-explanatory  letter  from 
President  Pierce,  dated  October  6,  1855:  "It  affords  me  much  pleasure  to  in- 
form you,  that  a  vacancy  in  the  Marine  Corps  enables  me  to  tender  an 
appointment  to  your  son,  James.  I  trust  that  he  may  find  the  positior* 
agreeable  to  his  tastes  and  that  he  may  eminently  adorn  the  profession." 
Lewis   Papers. 

'  In  2  Casey  eight  more  are  credited  to  this  term  with  one  to  the  Chief 
Justice,   p.   358. 

*  I  Casey,  140. 


2o6  ELLIS  LEWIS 

Magna  Charta's  demands  on  the  same  line  because  of 
abuses  in  England,  and  then  said:  "The  example  of 
evasion  in  England  is  an  abomination  to  us.  Like  all 
other  evil  customs  it  ought  to  be  abolished.  It  is  'more 
honored  in  the  breach  than  in  the  observance.'  Con- 
sidering the  commercial  spirit  of  the  age,  it  is  of  great 
importance  to  guard  against  fraudulent  practices,  and 
to  furnish  a  standard  of  weight  and  measure  which 
shall  be  uniform  throughout  the  State,  and  which  shall 
be  binding  upon  all  men  within  our  jurisdiction."^ 
In  another  case  where  a  claim  was  made  to  rights  of 
commons  pasture  is  a,  for  him,  rare  instance  of  ironical 
expression:  "The  herbage  [on  this  commons]"  said  he, 
"is  about  as  abundant  as  that  which  might  be  found 
in  a  recently  disinterred  street  of  Herculaneum."^ 
Again  he  says,  in  another  case:  "If  his  right  exists,  it 
presents  the  unusual  spectacle  of  a  right  without  a 
remedy  to  enforce  it.  It  is  idlei  to  talk  of  such  a  right. 
If  not  recognized  and  enforced  at  law,  it  is  the  same  as 
if  it  had  no  existence.  This  is  the  practical  view  of  the 
subject.  The  law  deals  with  the  substance,  not  with  the 
shadow."^  He  administered  a  rebuke  to  an  attorney  at 
this  term,  as  follows:  "Allegations  respecting  the  charge 
of  the  judge,  giving  a  different  version  of  it  from  that 
filed  of  record  under  the  sanction  of  his  oath  of  office, 
are  highly  indecorous.  He  is  not  a  party  to  the  case, 
and  cannot  be  heard  in  his  defense.  It  is,  therefore,  out 
of  order  to  make  the  argument  of  a  writ  of  error  an 
opportunity  for  attacking  his  integrity.  A  writ  of  error 
is  not  a  commission  to  settle  questions  of  veracity  or 
integrity  between  the  judge  and  the  counsel;  and  the 
counsellor  who  perverts  it  to  such  a  purpose  abuses  his 
privilege."*  Again,  speaking  of  the  relations  of  client 
and  counsel,  he  says:  "As  the  necessities  of  litigation 
compel  confidence  on  the  one  side,  the  policy  of  the  law 
requires  fidelity  on  the  other.  The  policy  which  enjoins 
good  faith  requires  that  it  should  never  be  violated.  The 
reason  for  requiring  it  at  all  demand  that  it  shall  be 
perpetual.  *  *  *  Where  fidelity  is  required,  the  law 
prohibits    everything    which    presents    a    temptation    to 

'  I  Casey,  115. 
'Ibid.,    180. 

*  Ibid.,    199. 

*  Ibid.,  335. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  207 

betray  the  trust.  The  orison  which  deprecates  tempta- 
tion is  the  offspring  of  infinite  wisdom,  and  the  rule  of 
law  in  accordance  with  it  rests  upon  the  most  substan- 
tial foundations."' 

His  increased  prominence  as  Chief  Justice  led  David 
Paul  Brown  to  make  him  the  subject  of  a  sketch  in  the 
second  volume  of  his  Forum  issued  this  year.  It  was  in 
a  series  on  the  then  late  Justice  Henry  Baldwin  and 
Justice  Robert  C.  Grier,  of  the  National  Supreme  Court ; 
ex-Chief  Justice  Black  and  the  other  members  of  the 
State  Supreme  bench.  While  not  always  reliable  as  to 
facts,  Mr.  Brown's  estimates  of  character  are  always 
interesting  and,  for,  their  period,  rank  as  classics  on  the 
characters  with  which  they  deal,  as  do  Binney's  sketches 
of  the  "Old  Bar"  of  Philadelphia. 

"Judge  Lewis,"  says  Brown,  "has  received  the  degree 
of  Doctor  of  Laws  and  Doctor  of  Medicine,  and  he  richly 
merited  both.  Indeed,  if  his  honors  had  been  equal  to 
his  deserts,  D.  D.  might  also  have  been  appropriately 
conferred  upon  him.-  To  say  that  these  distinctions  are 
not  matters  of  pride  with  him  would  hardly  be  believed ; 
for  if  we  were  called  upon  for  an  opinion  as  to  what 
is  his  highest  ambition,  we  should  incline  to  the  belief 
that  it  is  directed  to  eminence  in  all,  rather  than  any 
particular  science.  The  diversity  of  his  application  is 
such  that  the  change  seems  to  afiford  relief,  and  he  knows 
each  branch  of  his  studies  better,  from  extraordinary 
familiarity  with  all.  P)Ut  his  highest  quality  is  his  con- 
scientiousness. His  judgment  is  sometimes  eccentric, 
but  his  conscience,  never.  No  influence  can  swerve  or 
sway  him  from  what  he  believes  to  be  right.  *  *  *  * 
Since  Judge  Lewis  has  been  in  his  present  situation  he 
has  abundantly  sustained  his  former  character,  and  ful- 
filled the  expectations  and  hopes  of  those  who  knew  him 
best  and  loved  him  most.  For  industry  he  is  unequalled ; 
and  industry  such  as  his,  let  it  be  observed,  is  rarely 

'  Ibid.,  359. 

*A  letter  from  the  rector  (W.  H.  Odenheimer)  of  St.  Peter's,  of  Decem- 
ber 8,  1853,  to  Judge  Lewis  seems  to  confirm  this  idea.  He  had  presented  the 
Judge  a  copy  of  Hooker's  Works,  and  a  correspondence  arose,  in  which,  says 
this  letter,  you  show  yourself  at  home  in  the  Theological  as  well  as  the  Legal 
Profession."  He  also  adds:  "I  do  not  hesitate  to  say,  that  it  will  be  difficult 
for  the  ablest  professional  student  of  this  historical  question,  to  combine  so 
brief  &  get  so  satisfactory  a  resolution  of  it,  as  your  letter  to  me  embodies." 
Lewis   Papers. 


2o8  ELLIS  LEWIS 

the    companion    of    a    genius    so    comprehensive    and 
various." 

"Chief  Justice  Lewis,"  he  continues  farther  on,  "is 
now  in  the  57th  year  of  his  age ;  five  feet  seven  inches 
high ;  of  a  slender,  but  agile  person ;  black  hair ;  a  dark, 
deep-set,  penetrating  eye,  indicative  of  great  kindness, 
great  spirit,  and  great  quickness  of  apprehension.  Any 
one  to  look  at  him  would  know  him  at  once  to  have  been 
a  model  of  industry  all  his  life.  He  is  perhaps  too  much 
of  a  politician ;  but  that  is  not  his  fault  so  much  as  the 
fault  of  the  circumstances  into  which  he  has  been 
thrown,  by  those  accidents  which  are  ever  attendant 
upon  the  wayward  footsteps  of  self-taught  men.  But, 
politician  as  he  is,  no  one  shall  justly  assert  that  he 
ever  was  a  political  strategist,  or  deny  that,  in  all  his 
relations,  private  or  public,  political,  professional,  or 
official,  he  has  always  proved  a  faithful  and  an  honest 
man.  He  ever  bears  in  mind  the  doctrine  of  Socrates, 
that  'Three  things  belong  to  a  judge :  to  hear  courteously, 
consider  soberly,  and  give  judgment  without  partiality.' 
To  say  that  he  is  an  ambitious  man  is  to  say  no  more 
than  may  be  readily  conceived  from  the  traits  of  his 
life  already  exhibited ;  but  his  ambition  has  ever  had 
an  honorable  direction,  and  never  stooped  from  its  lofty 
flight  to  unite  with  meanness,  or  play  the  pander  to 
power,  at  the  sacrifice  of  principle.  He  is  a  humane 
though  a  just  judge ;  conciliatory  and  forbearing  with 
the  bar,  indulgent  to  the  young  and  inexperienced,  and 
especially  sympathetic  towards  those  who  struggle  for 
advancement  in  their  profession,  under  sullen  influences, 
and  against  adverse  circumstances — 

'Taught  by  that  power  that  pitied  him, 
'He  learns  to  pity  them' " ' 

The  Philadelphia  session  of  1855-6  resulted  in  eighty- 
two  opinions,  eighteen  of  which  were  the  work  of  the 
Chief  Justice.  He  had  occasion  in  one  of  these  opinions 
to  quote  himself  when  President  Judge,  namely,  in  the 
Atlee  V.  Lancaster  County  case  already  noticed,  saying 
that  "The  correctness  of  that  decision  has  never  been 
questioned.  On  the  contrary,  its  principles  were  fully 
sanctioned  by  the  Supreme  Court  afterwards,"  where- 

*  The  Forum,   by   David    Paul   Brown,   Vol.    II,   pp.    118-33. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  209 

upon  he  names  the  two  cases  in  whicli  it  was  clone. 
"In  this  enlightened  age,"  said  he,  "a  coroner  who  would 
consign  to  the  grave  the  body  over  which  he  had  held 
an  inquest  without  availing  himself  of  the  lights  which 
the  medical  science  has  placed  within  his  reach  would 
in  most  cases  fall  short  of  what  his  official  duty  requires. 
A  thorough  examination,  aided  by  the  professional  skill, 
is  in  general  absolutely  necessary  to  the  proper  adminis- 
tration of  justice.  Without  such  examination,  ground- 
less suspicions  may  be  entertained,  and  prosecutions 
commenced,  at  once  cruel  to  the  objects  of  them,  ex- 
pensive to  the  county,  and  wasteful  of  the  time  and 
talents  of  all  persons  engaged  in  them.  But  this  is  not 
all.  Without  an  examination  of  the  body  recently  after 
death,  and  a  complete  demonstration  from  the  evidence 
thus  in  the  power  of  the  commonwealth,  that  the  death 
was  caused  by  violence,  the  guilty  agent  cannot  be 
convicted.  Where,  from  an  omission  to  employ  a 
physician  to  examine  the  body,  the  cause  of  death  is 
left  in  doubt,  the  accused  must  in  general  escape  ;  because 
in  all  cases  of  doubt  he  has  a  right,  under  the  law,  to 
demand  an  acquittal.  Thus  the  guilty  may  be  again  let 
loose  upon  society,  and  the  people  be  deprived  of  that 
protection  which  the  law  was  intended  to  provide."^ 

The  opinions  of  Chief  Justice  Lewis,  as  has  been  said, 
grew  more  and  more  direct  and  are  so  stripped  of  any- 
thing but  the  actual  technical  argument  or  exposition 
that  great  difficulty  is  experienced  in  using  an  extract 
for  illustration.  It  need  hardly  be  said  that  no  analysis 
of  the  work  of  a  given  character  is  so  next  to  impossible 
as  the  work  of  a  jurist,  whose  opinions  are  so  largely 
the  product  of  the  entire  court.  To  point  out  just  what 
part  he  has  taken  in  the  Court's  choice  of  the  main 
elements  of  decision  is  of  course  impossible,  because 
of  the  privacy  of  the  consultation  room  ;  to  indicate  just 
the  bearing  of  his  technical  mastery,  his  experience,  his 
wide  learning,  liis  conciliatory  spirit,  the  effect  and 
soundness  of  his  wisdom,  his  broad  common  sense,  his 
social,  economic,  political  or  spiritual  philosophy,  his 
ideals,  his  personal  relationships,  and  the  thousand-and- 
one  elements  that  go  to  make  up  the  character  and  power 

•  2   Casey,    157-8. 


210  ELLIS  LEWIS 

of  any  great  jurist  is  a  result  that  can  only  be  suggested, 
not  accomplished.  An  examination  of  the  thirteen  opin- 
ions rendered  by  the  Chief  Justice,  out  of  the  total  of 
fifty-five  at  the  Harrisburg  session  of  1856,  tends  to 
confirm  this  conclusion.  His  method  and  characteristics 
produce  short  opinions  as  a  rule,  with  a  directness,, 
intensity  and  vigor  of  presentation  that  leave  on  the 
mind  an  impression  of  great  mental  energy  and  peculiar 
singleness  of  aim. 

Omitting  the  Sunbury  session  where  he  rendered  two 
of  the  eleven  opinions,  and  turning  to  the  Pittsburgh 
court,  there  is  a  list  of  sixty-nine  opinions,  nearly  one- 
third  of  which  were  written  by  Chief  Justice  Lewis,  one 
of  them  being  an  "additional"  opinion.  "The  trial  by 
jury,"  said  he  in  one  of  these,  "is  a  right  so  sacred  that 
the  courts  should  guard  it  with  jealous  care.  If  a  party 
entitled  to  it  is  willing  to  comply  with  the  terms  required 
by  law,  he  is  not  to  be  deprived  of  his  rights  by  an  error 
of  the  officer  having  charge  of  the  record.  This  principle 
covers  the  case  before  us."^  In  the  "additional"  opinion 
referred  to — an  opinion  written  when  he  was  Justice — 
he  had  occasion  to  express  himself  on  railways,  which 
were  then  largely  in  their  infancy.  "The  right  to  cross 
a  public  road  in  the  construction  of  a  railroad,"  said 
he,  "is  as  clear  as  the  right  to  construct  the  railroad 
itself.  The  angle  at  which  it  crosses  must  necessarily 
depend  upon  circumstances.  It  is  certainly  not  restricted 
to  a  right  angle  where  this  would  require  dangerous 
curves.  Short  curves  in  a  railroad  interfere  with  that 
velocity  which  is  the  main  object  of  this  description  of 
improvement.  They  also  endanger  the  lives  of  pas- 
sengers on  the  ordinary  roads,  as  well  as  those  in  the 
railroad  cars.  It  is  therefore  of  primary  importance 
that  the  line  of  the  railroad  be  straight.  This  paramount 
object  ought  to  be  secured,  if  possible,  although  in  doing 
it  the  common  roads  may  be  crossed  repeatedly,  and  at 
various  angles,  or  even  approached  so  near  as  to  alarm 
the  horses  and  cattle  in  sections  of  country  unused  to 
the  noise  of  the  locomotive,  or  to  the  grand  and  imposing 
spectacle  of  a  long  train  of  cars,  filled  with  thousands  [  ?] 
of  human  beings,  or  freighted  with  many  hundred  tons 

'  3  Casey,  263. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  211 

of  merchandise,  whizzing  past  them  with  ahnost  light- 
ning speed.  The  idea  that  a  railroad  must  be  made 
crooked  in  order  to  avoid  proximity  to,  or  crossing  an 
ordinary  road,  is  one  which  would  embarrass  and  impair 
the  usefulness  of  this,  the  greatest  improvement  in  com- 
mercial intercourse  which  the  world  ever  saw.  It  places 
an  object  of  minor  importance  above  that  which,  in  its 
tendency  to  promote  the  general  benefit,  is  so  far  superior 
as  to  be  altogether  inestimable.  It  places  ignorance 
above  science,  indolence  above  enterprise,  and  the  mi- 
nority above  the  majority.  It  is  of  close  kindred  with 
the  doctrine  that  the  owners  of  the  adjacent  lands  have 
a  right  to  pasture  their  cattle  on  the  railroad  track,  and 
to  compel  the  engineers  and  conductors  to  stop  a  long 
train  of  cars  while  they  endeavor,  by  means  of  sticks, 
clods,  and  stones,  to  drive  off,  and  keep  off  the  cattle 
long  enough  for  the  train  to  pass  in  safety." 

Another  paragraph  in  this  interesting  opinion  is  as 
follows:  "I  regret  most  sincerely  that  a  majority  of  my 
brethren  have  thought  that  the  proper  construction  of 
the  charter  requires  these  inconvenient  and  dangerous 
deviations  from  a  straight  line,  in  one  of  the  most  ex- 
tensively travelled  railroads  on  the  continent.  But  it 
is  clear  that  we  have  no  authority  to  control  the  company 
further  than  to  confine  it  within  the  limit  of  its  charter. 
We  have  therefore  no  right  to  deprive  its  directors  of 
the  discretion  reposed  in  them  by  law ;  and  we  cannot 
compel  them  to  adopt  the  locations  recommended  by 
the  authorities  of  Erie.  On  this  part  of  the  case  I  fully 
concur  with  the  Chief  Justice  in  the  opinion  just  deliv- 
ered. The  result  is,  that  the  railroad  has  been  seriously 
injured,  and  the  company  put  to  great  expense,  while 
the  citizens  of  Erie  have  entirely  failed  in  securing  the 
object  of  their  exertions.  The  change  of  locations  thus 
forced  upon  the  company  will  produce  no  advantage  what- 
ever to  any  one,  and  least  of  all  to  the  people  of  Erie. 
If  this  decree  could  be  forgotten,  like  a  judgment  in  an 
ordinary  personal  action,  I  should  feel  less  mortification 
at  the  result.  But,  in  impairing  the  usefulness  of  this 
great  thoroughfare  of  the  western  world,  we  have  erected 
a  lasting  monument.  Its  voice  [?].  like  the  herdsman's 
call,  will   reverberate   along  the   hills   and   valleys   after 


212  ELLIS  LEWIS 

the  original  sound  shall  have  died  away ;  and  the  light 
which  it  sheds  upon  railroad  science,  like  that  reflected 
in  the  evening  sky,  will  remain  after  the  body  from  which 
it  emanates  shall  have  departed."' 

Probably  the  most  serious  questions  before  the  court 
at  this  period  were  those  of  the  railways,  as  those  of 
the  canal  system  were  in  the  days  of  his  Attorney-Gen- 
eralship.^ In  the  Mercer  County  case  he  voiced  the 
decision  of  the  court,  in  which  case  Black  was  absent 
and  Knox  dissented.  He  says  "the  action  of  the  grand 
jury  was  intended  to  be  mandatory — a  command  and 
not  merely  an  authority — is  manifest  from  what  has  been 
already  said.  The  'advice  and  recommendation'  of  the 
grand  jury  was  to  be  regarded  as  an  order,  which  the 
commissioners  were  not  at  liberty  to  disobey.  This 
is  the  plain  meaning  of  the  act.  It  breathes  through 
every  word,  and  speaks  out  in  every  line.  As  if  to  leave 
not  a  particle  of  doubt  on  this  question,  the  legislature, 
ii;  a  subsequent  part  of  the  act,  speak  of  the  amount  of 
such  subscription  as  'ordered  and  designated  as  afore- 
said.' It  follows  that  the  commissioners  had  no  dis- 
cretionary authority  whatever  in  the  matter ;  they  were 
merely  permitted  to  hold  the  pen,  and  to  write  precisely 
what  they  were  directed  by  the  grand  jury  to  write. 
Nothing  more — nothing  less.  We  can  readily  see  many 
good  reasons  for  this.  The  commissioners  are  selected 
so  long  in  advance  of  the  decision  to  be  made  that  all 
persons  who  may  be  disposed  to  apply  improper  influ- 
ences have  abundant  opportunities  of  so  domg.  They 
are  but  three  in  number,  and  two  of  these  might  decide 
the  fate  of  the  county.  These  two  might  lack  the 
wisdom  necessary  for  such  an  important  measure.  They 
might  also  lack  the  integrity  required  for  such  a  high 
trust.  It  is  not  necessary  to  deal  in  ambiguous  language 
when  discussing  such  a  subject.  From  the  beginning 
of  the  world  to  the  present  time,  history  has  been  teach- 
ing her  lessons  of  human  frailty,  beguiled  and  cor- 
rupted by  human  wickedness.  It  is  fair  to  presume 
that    these    lessons    were    not    lost    on    the    legislature. 

'  3    Casey,    370    and    373. 

^  See  "The  Life  and  Speeches  of  Thomas  Williams,  1806-1872,"  by  Burton. 
Alva  Konkle,  under  index  titles  "Municipal  Subscriptions  to  Railways," 
"Transportation,"   etc.,   for  a   treatment   of  this   subject. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  213 

Although  they  could  not  distinctly  see  the  wily  serpent 
of  corruption,  the  waving  grass  often  indicated  his 
stealthy  course.  It  is  therefore  not  improbable  that  one 
of  the  objects  of  the  restrictions  in  the  Act  of  1852  was 
to  guard  against  bribery.  Whatever  may  have  been  the 
motive,  the  legislature  were  unwilling  to  place  the  for- 
tune of  the  whole  county  at  the  disposal  of  two  county 
commissioners.  *  *  *  *  *  *  *  The  grand  jury 
are  not  so  readily  influenced  by  improper  suggestions. 
They  are  selected  for  their  judgment  and  integrity,  and 
come  from  all  parts  of  the  county,  without  respect  to 
party  politics.  They  are  exposed  to  temptation  for  too 
brief  a  period  to  be  safely  approached —  *  *  *  *  jj^ 
the  multitude  of  their  counsel  there  is  comparative  safety. 
*  :i=  *  I3ut  it  is  sufficient  for  the  court  to  know  that 
the  law  is  so  written  and  must  be  obeyed."' 

With  the  opening  of  the  Philadelphia  session  of 
1856-7  began  the  last  year  of  his  Chief  Justiceship,  and, 
as  before,  out  of  the  eighty-nine  opinions  of  the  court 
at  the  metropolis,  almost  exactly  one-third  were  the 
work  of  the  head  of  the  court — counting  in  the  list  one 
"additional"  opinion.  One  of  these  is  an  example  of  his 
broad  and  profound  sense  of  justice.  "In  the  section 
of  the  Act  of  1855,  in  question  here,  there  is  nothing  to 
show  that  the  terms  'charitable  uses'  were  used  in  a 
restricted  or  popular  sense.  Nor  can  we  fairly  infer 
from  any  other  part  of  the  act  that  they  were  so  used. 
We  are,  therefore,  bound  to  understand  them  in  their 
legal  and  technical  signification.  We  have  no  doubt 
that  they  were  so  understood  by  the  legislature,  and 
that  they  were  intended  to  embrace  objects  of  a  religious, 
literary,  and  scientific  character,  as  well  as  those  which 
related  to  the  poor  and  afHictcd.  We  cannot  close  our 
eyes  to  the  mischief  supposed  to  exist,  and  which  the 
Act  of  1855  was  intended  to  remedy.  The  object  was 
to  protect  the  heirs  and  next  of  kin  from  large  and 
improvident  dispositions  by  persons  on  their  death-beds, 
or  when  their  minds  were  enfeebled  by  the  hopes  and 
fears  of  approaching  dissolution.  Gifts  to  objects  of  a 
scientific  or  literary  character  were  certainly  as  much 
within  the  mischief  as  any  other  gifts  to  charitable  uses. 

*  3  Casey,  401-2. 


214  ELLIS  LEWIS 

To  hold,  therefore,  that  tlie  legislature  intended  to  lay 
a  heavy  hand  only  on  gifts  for  the  relief  of  the  destitute, 
the  afflicted,  and  the  helpless,  while  donations  for  objects 
of  a  merely  literary  and  scientific  character  were  to  be 
exempted  from  the  restriction,  would  be  doing  great 
injustice  to  the  benevolence  and  common  sense  of  our 
law-makers.  In  all  cases  where  the  validity  of  such 
devises  has  depended  upon  holding  them  to  be  for 
charitable  uses,  they  have  uniformly  been  sustained  as 
falling  within  that  description.  Now,  when  a  restriction 
has  been  imposed  upon  such  devises,  we  are  asked  to 
evade  the  restriction  by  declaring  that  they  are  not  for 
charitable  uses.  We  cannot  blow  hot  and  cold  in  the 
same  breath.  We  cannot,  for  the  purpose  of  sustaining 
such  a  gift,  declare  it  to  be  a  good  gift  for  charitable 
uses,  and  at  the  same  moment,  for  the  purpose  of  evading 
the  provisions  of  the  Act  of  1855,  hold  that  it  is  not  such 
a  gift.  The  argument  which  confines  the  statute  to 
gifts  for  the  relief  of  the  poor  and  afflicted,  if  successful, 
would  convict  the  legislature  of  an  intent  which  would 
do  violence  to  the  most  ordinary  impulses  of  human 
nature.  It  says,  in  effect,  that  when  the  bereaved  widow, 
the  helpless  orphan,  and  the  wretched  sufferer  from  dis- 
ease, cry  aloud  from  the  depths  of  their  poverty  and 
distress  for  relief  which  is  absolutely  necessary  to  sustain 
life,  the  policy  of  the  State  is  to  throw  obstructions  in 
the  streams  of  charity  which  gush  spontaneously  from 
the  hearts  of  the  people ;  but  when  schools,  academies, 
colleges,  and  universities  seek  for  aid  to  educate  children 
whose  parents  are  able  to  educate  them  without  such  aid, 
or  to  advance  'gentlemen's  sons'  in  the  learned  profes- 
sions, all  obstructions  are  to  be  removed ! — thus,  accom- 
plishments are  preferred  to  the  necessaries  of  life — the 
rich  are  exempt  from  the  restrictions,  and  the  poor  are 
stripped  of  the  charity  which  benevolence  would  extend 
to  them.  We  cannot  adopt  any  such  construction  of 
the  act."^ 

An  expression  in  an  opinion  in  a  case  of  a  constable's 
compensation  in  certain  instances  is  characteristic.  "If 
the  object  of  the  law,"  said  he,  "was  to  encourage  the 
peace  of^cers  in  the  prosecution  of  all  oiTenders  deserv- 

*  4  Casey,  36-7. 


CHIEF  JUSTICE  OF  PENNSYLVANIA  215 

ing  imprisonment  at  hard  labour,  then  the  cases  before 
us  fall  within  the  spirit  of  the  act,  because  the  legisla- 
ture have  deemed  the  offenses  of  drunkenness  and 
vagrancy  deserving  of  this  punishment.  We  fully  concur 
with  them  in  their  judgment  in  this  respect.  Drunken- 
ness and  vagrancy  are  not  only  evils  in  themselves,  but 
they  are  productive  of  innumerable  vices  and  crimes  of 
great  magnitude.  They  are  nuisances  in  the  body  politic 
which  ought  to  be  suppressed  at  every  hazard ;  and  if 
we  were  obliged  to  declare  that  the  law  was  so  defective 
and  unjust  as  to  recjuire  constables  to  pursue  and  arrest 
offenders  of  this  description,  while  it  denied  them  com- 
pensation for  such  services,  we  should  perform  the  un- 
gracious duty  with  mortification  and  regret.  But  we 
are  happy  to  say  that  the  law  is  not  so  unreasonable; 
and  that  the  letter  and  spirit  of  the  Act  of  Assembly 
requires  that  the  county  should  compensate  the  officers 
and  witnesses  for  the  Commonwealth,  where  the  persons 
convicted  of  these  offenses  have  not  property  sufficient 
for  the  purpose.  The  judgment  of  the  court  below  was 
right."^ 

During  the  spring  of  1857  there  came  the  first  of 
several  changes  in  the  court  that,  during  the  year 
amounted  to  almost  total  reorganization.  Justice  Black 
had  a  long  term  to  serve,  but  the  exigencies  of  Demo- 
cratic politics  caused  by  James  Buchanan's  election  ta 
the  Presidency  of  the  United  States  the  previous  autumn 
made  it  necessary  that  he  should  go  into  the  President's 
cabinet  as  solution  of  conflicting  claims,  and  the  Presi- 
dent commissioned  him  Attorney-General  on  March  6th 
and  he  resigned  from  the  Supreme  Bench  five  days 
later.^  His  place  was  filled  on  April  6th  by  the  appoint- 
ment of  Justice  James  Armstrong,  who  served  only  until 
the  November  election. 

The  Harrisburg  session  was  productive  of  forty-six 
decisions,  but  eight  of  which  were  written  by  the  Chief 
Justice,  but  none  of  these  seem  to  answer  the  purpose 
of  illustration,  so  that  one  may  turn  toi  the  final  session 
of  the  court  under  Chief  Justice  Lewis  at  Pittsburgh. 
In  this  instance  he  had  almost  exactly  one-fifth  of  the 

*  4  Casey,   175. 

'  "Reminiscences  of  Jeremiah  Sullivan  Black,"  by  Mary  Black  Clayton, 
p.  99.      5  Casey. 


2i6  ELLIS  LEWIS 

eighty-nine  opinions  delivered,  namely,  eighteen.  In  the 
case  of  Miller  v.  Kirkpatrick,  the  Chief  Justice  had 
occasion  to  touch  the  religious  field.  It  was  on  the 
question  of  the  taxation  of  the  salary  of  a  minister  em- 
ployed by  a  religious  society.  "It  is  not  our  province," 
said  he,  "to  decide  whether  persons  learned  in  theology 
may  regard  the  emoluments  of  a  minister's  calling  as 
'gifts  of  the  altar — as  spiritualities.'  The  question  here 
is,  how  are  they  to  be  regarded  in  a  court  of  law,  when 
the  government  demands  of  them  a  contribution  to  pay 
the  debt  and  expenses  of  the  State.  The  money  paid 
to  a  minister  for  his  services,  and  designed  for  his  per- 
sonal benefit,  is  very  far  from  being  a  mere  'spirituality.' 
It  is  designed  to  supply  his  temporal  wants.  It  is  appro- 
priated to  that  object  alone.  His  services  to  the  con- 
gregation may  indeed  be  spiritual;  but  he  would  not  be 
able  to  live  long  if  his  compensation  were  of  the  same 
character.  Fortunately  for  him,  it  is  not  so;  but  is 
paid  in  a  currency  as  tangible  and  purely  temporal  as  the 
wants  it  provides  for.  He  may  hold  his  'appointment  of 
God.'  'All  power  is  of  God.'  'The  powers  that  be  are 
ordained  of  God,'  and  he  has  'no  right  to  resist  their 
ordinances,'  or  to  refuse  'tribute,'  or  to  renounce  'alle- 
giance to  the  State.'  It  is  his  duty  as  a  Christian  'to  be 
subject  not  only  for  wrath,  but  for  conscience  sake,'  and 
to  pay  'tribute  to  whom  tribute  is  due,  custom  to  whom 
custom.'  The  Savior  came  into  the  world,  at  the  very 
period  when  his  earthly  parents,  at  great  inconvenience 
to  themselves,  were  setting  an  example  of  allegiance  to 
the  government,  and  of  obedience  to  its  revenue  laws. 
His  precepts  afterwards  were  always  in  accordance  with 
that  example.  And  the  law,  resting  upon  the  foundation 
of  that  Christian  morality  which  requires  all  who  receive 
protection  from  government  to  contribute  a  just  share 
to  its  support,  will  enforce  its  claims." 

"We  do  not  see,"  he  continues,  "how  a  law  which 
makes  no  distinction  between  ecclesiastical  occupations 
and  other  pursuits,  but  taxes  all  alike,  can  tend  to  a 
union  of  Church  and  State.  To  hold  that  a  minister  of 
the  gospel  cannot  be  taxed  at  all,  lest  religious  rivalry 
might  lead  to  the  abuse  of  that  power,  would  furnish 
a  precedent  for  denying  all  power  of  taxation ;  for  there 


CHIEF  JUSTICE  OF  PENNSYLVANIA  217 

is  no  power  which  might  not  be  abused  l^y  bad  men. 
We  must  trust  to  the  intelligence  of  the  people  to  guard 
against  this  evil.  So  far  from  seeing  any  constitutional 
objection  to  the  imposition  of  taxes  upon  clergymen,  as 
well  as  upon  other  professions,  it  has  been  seriously 
questioned  whether  they  can  constitutionally  be  ex- 
empted from  their  share  of  the  public  taxes.  The  Con- 
stitution declares  that  'no  man  can  of  right  be  compelled 
to  support  any  place  of  worship,  or  to  maintain  any 
ministry  against  his  consent.'  A  numerous  class  of  our 
citizens  still  hold  to  the  faith  of  the  founders  of  this 
Commonwealth,  and  bear  their  testimony  against  what 
they  call  a  'hireling  ministry.'  Many  others  read  their 
Bibles  in  their  own  way,  disclaiming  all  connection  with 
religious  congregations.  If  these  classes  of  citizens 
should  be  compelled  to  pay  more  than  their  just  propor- 
tion of  taxes,  in  order  that  ministers  of  the  gospel  might 
be  exempt,  it  is  substantially  the  same  thing  as  collecting 
the  excess  of  taxes  and  paying  it  to  the  ministers  to  aid 
in  maintaining  them.  Such  a  partial  rule  of  taxation 
compels  the  Protestant  to  aid  in  maintaining  the  min- 
istry of  the  Roman  Catholic,  constrains  both  to  aid  in 
supporting  the  Jewish  priesthood  ;  forces  each  to  support 
a  form  of  religion  which  his  conscience  rejects,  and  com- 
pels the  opponents  of  all  to  aid  in  supporting  all.  These 
suggestions  may  serve  to  show  that  the  claim  to  con- 
stitutional exemption  is  not  only  rejected,  but  met  by 
a  counter  claim,  which  may  deserve  consideration  when 
the  question  arises."^ 

In  one  of  the  cases  against  the  , Commonwealth 
Chief  Justice  Lewis  discussed  the  juror  and  judge  in 
a  characteristically  luminous  manner.  "It  is  made 
matter  of  complaint,"  said  he,  "that  the  judge  in  his 
charge,  among  other  remarks,  said  that  'he  who  is  to 
pass  on  the  question  (of  guilt  or  innocence)  is  not  at 
liberty  to  disbelieve  as  a  juror  while  he  believes  as  a  )na>i.' 
Notwithstanding  the  high  authority  which  sanctions  the 
use  of  this  language,  it  is  possible  that  some  jurors  may 
occasionally  be  misled  by  it.  Men,  in  their  social  conduct 
and  business  transactions,  often  act  on  bare  susf>iciou, 
without  evidence,  and  this,  some  jurors  might  possibly 

•  5  Casey,   230. 


2i8  ELLIS  LEWIS 

suppose,  is  what  is  meant  by  their  belief  as  men,  contra- 
distinguished from  their  behef  as  jurors.  But  it  is  im- 
possible for  us  to  supply  jurors  with  intelligence  and 
judgment,  and  equally  out  of  our  power  to  prescribe  to 
the  courts  below  the  language  which  the  judges  are  to 
use  in  communicating  instructions.  The  judge  who  en- 
deavors to  express  his  thoughts  in  a  style  so  plain  and 
simple  that  he  will  be  readily  understood  by  the  most 
unlearned  men  on  the  jury,  best  performs  this  part  of 
the  duties  of  his  high  office.  The  question  for  us  to 
decide,  however,  is  not  whether  the  court  made  use  of 
the  language  best  understood  by  the  jury,  but  whether 
instructions  have  been  given  which  are  erroneous  in 
point  of  law.  It  must  be  remembered  that  jurors  are 
men,  and  that  it  is  because  they  have  human  hearts  and 
sympathies  and  judgments  that  they  are  selected  to 
determine  upon  the  rights  of  their  fellow-men.  If  they 
were  more  or  less  than  men  they  would  not  be  the  con- 
stitutional peers  of  the  prisoner,  and  would  be  disquali- 
fied to  decide  his  cause.  The  term  'juror'  means  nothing 
more  than  tzvelve  men  qualified  and  sworn  to  try  a  cause 
according  to  the  evidence.  Their  oaths  as  jurors  rest  on 
their  consciences  as  men,  and  as  men  they  are  accountable 
to  God  and  their  country  for  a  verdict.  Nothing  more 
is  demanded  of  them  as  jurors  than  an  honest  exercise 
of  their  judgments  as  men.  The  evidence  which  pro- 
duces conviction  on  their  minds  in  one  capacity  works 
the  same  result  in  another.  Their  behef  is  the  same  in 
both.  There  was  therefore  no  error  in  law  in  adopting" 
the  language  used  by  Chief  Justice  Gibson  in  the  Com- 
monwealth v.  Bridget  Harman :  4  Barr,  273."^ 

The  above  is  the  last  but  two  of  the  opinions  of  Chief 
Justice  Lewis,  and,  curiously  enough,  the  last  opinion 
reported  for  the  Pittsburgh  session  and  the  expiration 
of  his  period  as  head  of  the  court  is  one  to  determine 
the  exact  date  of  the  termination  of  his  occupancy  of 
that  high  office.  In  this  opinion,  of  course,  he  had  no 
part,  and  the  decision  of  the  court  was  rendered  by 
Justice  Woodward,  whose  own  language  happily  ex- 
presses the  interesting  complications  of  the  subject  and 
incidentally  interprets  officially  the  status  of  the  Chief 

'  S  Casey,  438- 


CHIEF  JUSTICE  OF  PENNSYLVANIA  219 

Justice's  commission  to  his  high  office,  about  which,  it 
will  be  recalled,  there  was  some  controversy.  "In  order," 
said  Justice  Woodward  on  November  3,  1857,  "that  writs 
out  of  this  court  may  be  tested  in  the  name  of  the  proper 
officer,  and  that  judgments  and  decrees  may  be  duly 
entered  between  the  first  and  seventh  days  of  December, 
proximo,  it  bcomes  necessary  to  decide  whether  the 
commission  of  Chief  Justice  Lewis  will  expire  on  the 
first  day  of  that  month,  or  continue  until  the  7th, 
which  will  be  the  first  Monday. 

"If  we  should  follow  the  strict  letter  of  the  constitu- 
tional amendment  of  1850,"  continues  Justice  Wood- 
ward, "which  first  introduced  an  elective  judiciary  into 
our  system  of  government,  it  would  be  obvious  that 
Judge  Lewis'  commission  could  not  extend  beyond  the 
1st  of  December,  because,  elected  in  1851,  at  the  first 
election  under  the  amendment,  and  the  term  of  six  years 
assigned  to  him  by  the  lot  therein  prescribed,  he  was 
commissioned  on  the  first  Monday,  which  happened, 
that  year,  to  be  the  first  day  of  December,  185 1,  for  six 
years — a  period  that  would  expire  at  midnight  of  the 
last  day  of  November,  1857.  He  received  subsequently 
a  commission  as  Chief  Justice,  which,  however,  was 
founded  on  that  granted  in  185 1,  and  in  no  wise  super- 
seded it,  or  affected  the  limitation  therein  expressed. 
The  title  to  his  office  was  derived  not  from  the  commis- 
sion which  designated  him  as  the  Chief  Justice,  but 
from  the  popular  election  of  185 1,  and  the  commission 
in  pursuance  thereof  and  according  to  these,  upon  a 
literal  reading  of  the  Constitution,  his  title  would  expire 
with  the  present  month  of  November.  But  we  are 
satisfied  that  the  spirit  and  true  meaning  of  the  amend- 
ment are  rather  to  be  followed  than  its  strict  letter;  and, 
according  to  these,  the  first  Monday  of  December  is 
made  the  terminus  a  quo  and  ad  quern  of  judicial  com- 
missions, so  that  whether  we  reckon  the  special  tenures 
assigned  to  the  first  five  judges  elected  to  this  court, 
or  the  general  tenures  of  fifteen  years  assigned  to  all 
subsequently  elected  judges,  they  are  to  be  considered 
as  running  from  the  first  Monday  of  December  next 
succeeding  the  election  to  the  first  Monday  of  December 
in  the  rear  of  their  limitation.     In  other  words,  we  hold 


220  ELLIS  LEWIS 

that  the  years  mentioned  in  the  amendment  are  to  be 
counted  from  Monday  to  Monday,  and  not  from  the  day 
of  the  month  to  the  day  of  the  month. 

"The  amendment  itself,"  the  decision  continues, 
"implies  that  this  is  a  sound  construction.  It  fixed, 
expressly,  the  first  Monday  of  December,  185 1,  as  the 
day  on  which  all  prior  judicial  commissions  should  ex- 
pire, and,  of  course,  indicated  that  as  the  day  on  which  the 
new  ones  should  commence.  And  it  was  the  first  Monday, 
without  regard  to  the  day  of  the  month  on  which  the 
day  of  the  week  should  fall.  That  year  the  first  Monday 
happened  to  be  the  first  day,  but  that  day  was  not 
selected  because  it  was  the  first  day,  but  because  it  was 
the  first  Monday  of  December.  The  framers  of  the 
amendment  very  well  knew  that  the  first  Monday  would 
not  always  fall  on  the  first  day.  And  so,  in  case  of  a 
vacancy  happening,  it  shall  be  filled,  says  the  amend- 
ment, by  executive  appointment,  to  'continue  till  the 
first  Monday  of  December  succeeding  the  next  general 
election.'  Our  brother  Armstrong  is  on  the  bench  by 
executive  appointment  under  this  clause  of  the  Consti- 
tution, and  his  commission,  by  its  own  limitation,  must 
extend  to  the  first  Monday,  this  year  the  seventh  day  of 
December.  It  is  unreasonable  to  suppose  that  the 
amendment,  which  was  designed  to  establish  an  elective 
judiciary,  meant  to  make  a  distinction  in  favor  of  an 
executive  appointment,  and  against  a  popular  election, 
and  we  should  mar  the  symmetry  of  the  system  by  so 
administering  it.  If  both  classes  of  judges,  however, 
those  elected  for  a  term  of  years,  and  those  appointed 
to  fill  vacancies,  are  conformed  to  the  same  rule — if  both 
hold  to  the  first  Monday  of  December,  we  have  a  system 
that  is  simple,  consistent,  and  harmonious  in  all  its 
parts. 

"This  constitutional  amendment  originated  in  and 
was  draughted  by  the  legislature,"  Judge  Woodward 
continues.  A  legislative  interpretation  of  the  meaning 
of  its  terms  is  therefore  entitled  to  peculiar  respect. 
We  have  a  legislative  construction  of  it  in  the  eleventh 
section  of  the  Act  of  Assembly  of  15th  April,  1857, 
regulating  the  election  of  judges,  wherein  it  is  provided 
that  as  soon  as  practicable,  after  the  first  Tuesday  in 


CHIEF  JUSTICE  OF  PENNSYLVANIA  221 

November  next  following  any  election  of  judges,  'the 
governor  shall  grant  the  persons  elected  respectively 
commissions  as  now  recjuired  by  law  to  hold  their  respec- 
tive offices  from  and  after  the  first  Monday  of  December 
next  follozving  sucJi  election,  for  and  during  their  respective 
terms  of  office,'  &c.  The  constitutional  amendment 
having  failed  to  fix,  in  terms,  the  date  at  which  the  com- 
missions of  elective  judges  should  take  effect,  the  legis- 
lature supplied  it  in  this  section,  and.  of  course,  supplied 
it  according  to  their  understanding  of  the  meaning  of  the 
Constitution. 

"The  gentlemen  recently  elected,  Messrs.  Strong  and 
Thompson,  will  be  commissioned  under  this  section,  and 
cannot,  of  course,  come  upon  the  bench  before  the  7th 
of  December,"  proceeds  the  decision.  "If  Judge  Lewis 
should  go  out  on  the  first,  there  would  be  a  vacancy  in 
the  office  for  a  week,  and  vacancies,  says  the  constitu- 
tional amendment,  happening  from  whatever  cause,  are 
to  be  filled  by  executive  appointment  to  continue  till 
the  first  Monday  of  December  succeeding  the  next  gen- 
eral election.  It  is  not  to  be  supposed  that  the  governor 
would  exercise  his  power  of  filling  this  vacancy,  but  if 
the  Constitution  be  construed  according  to  its  letter,  the 
power  of  appointment  would  clearly  exist ;  if  exercised, 
the  appointee  of  the  governor  would  be  in  possession 
of  the  office  by  virtue  of  a  constitutional  grant,  whilst  the 
newly-elected  judges  would  claim  it  only  in  virtue  of  a 
legislative  rcgtdation.  The  inferior  law  would,  of  course, 
have  to  yield  to  the  superior,  and  one  of  the  elected 
judges  would  have  to  stand  back  for  a  year.  But  which 
of  them  ?  The  Constitution  and  laws  afford  no  means 
of  determining.  Elected  at  the  same  time  and  for  the 
same  time,  and  to  retire  necessarily  at  the  same  time, 
a  difference  of  a  year  would  exist  in  their  tenures,  but 
no  man  could  tell  which  was  the  short  one.  The  Con- 
stitution was  never  meant  to  produce  results  so  absurd 
and  unjust.  It  provides  that  the  Supreme  Court  shall 
consist  of  five  judges,  and  it  established  the  court  as  a 
perpetual  institution.  It  contemplated  the  possibility 
of  vacancies,  and  provided  for  filling  them,  but  they  were 
vacancies  happening  from  death,  resignation,  or  other 
cause  external  to  the  Constitution  itself.     In  its  own  Icgiti- 


222  ELLIS  LEWIS 

mate  and  necessary  operation  it  would  cause  no  vacan- 
cies. It  would  dismiss  no  one  of  its  servants  until  it 
had  provided  a  qualified  successor.  It  would  not  con- 
stitute the  court,  even  for  a  week,  with  less  than  five 
judges,  nor  give  the  governor  power  to  displace  for  a 
year  the  judge  chosen  of  the  people. 

"To  give  our  fundamental  law  its  intended  efifect," 
he  continues,  "and  to  prevent  confusion  and  disorder. 
Chief  Justice  Lewis's  commission  must  be  regarded  as 
extending  to  the  first  Monday  of  December.  If  it  be 
said  that  this  is  adding  a  week  by  judicial  construction 
to  his  prescribed  term,  it  must  be  accepted  as  a  necessary 
consequence.  And  if,  fifteen  years  hence,  the  first 
Monday  shall  fall  on  the  third  day  of  December,  the 
terms  of  Messrs.  Strong  and  Thompson  will  be  abbre- 
viated a  week,  but  that,  too,  must  be  borne  as  a  necessary 
result  of  the  indefinite  terms  in  which  the  constitutional 
amendment  was  conceived.  It  is  a  common  fault  of  our 
legislation,  and  the  amendment  of  1850  shares  it  largely, 
that  phraseology  is  not  carefully  considered.  In  the 
preparation  of  the  amendment  of  1838  nothing  was  more 
anxiously  attended  to  than  the  language  in  which  com- 
prehensive rules  were  to  be  expressed,  and  the  conse- 
quence has  been  that  less  doubt  and  litigation  have 
grown  out  of  those  numerous  amendments  than  have 
sprung  from  the  single  amendment  of  1850.  Reading 
it,  however,  as  we  have  construed  it  in  respect  to  the 
termination  of  judicial  commissions,  we  avoid  vexatious 
embarrassment,  and  give  effect  to  its  spirit  and  inten- 
tion ;  and  as  to  the  week  added  to  one  judicial  tenure 
and  taken  off  from  another,  the  maxim  must  be  applied, 
De  minimis  non  curat  lex.  The  prothonotaries  of  the  sev- 
eral districts  will  test  writs  in  the  name  of  Chief  Justice 
Lewis  until  7th  December,  1857.''^ 

^  S  Casey,  518. 


CHAPTER  XIII 

He  Declines  Unanimous  Renomination  by  the  State 

Democratic  Convention  and  Retires 

TO  Private  Life 

1857 

Two  days  before  the  inauguration  of  James  Buchanan 
as  President  of  the  United  States  in  March,  1857,  and 
four  days  before  Chief  Justice  Taney's  Dred  Scott 
decision,  the  State  Democratic  Convention  was  called 
to  order  at  the  hall  of  the  House  of  Representatives  at 
Harrisburg  by  Colonel  John  W.  Forney,  chairman  of 
the  State  Central  Committee,  for  the  purpose  of  making 
nominations  for  Governor,  a  Judge  of  the  Supreme  Court 
and  Canal  Commissioners.^  The  vote  on  the  first  officer 
resulted  in  the  nomination  of  William  F.  Packer  for 
Governor.  During  the  evening  names  were  presented 
for  the  Supreme  Court  nomination,  and  G.  G.  Westcott, 
of  Philadelphia,  proposed  that  of  Hon.  Ellis  Lewis  to 
succeed  himself.  Immediately  it  became  evident  that 
the  elective  judiciary  was  now  on  trial  again,  for  certain 
main  districts  of  the  State  were  prepared  to  press  their 
candidates  for  the  place  which  good  public  policy  dictated 
should  go  to  the  distinguished  jurist  who  was  then  filling 
it  so  ably.  The  name  of  William  Strong,  Samuel  Hep- 
burn, William  Axon  Stokes,-  James  Thompson  and 
several  others  were  then  presented  by  their  friends. 
Mr.  W^estcott  asked  that  a  letter  in  his  hand  from  leading 
members  of  the  bar  of  Philadelphia  regarding  Chief 
Justice  Lewis  might  be  read,  but  the  friends  of  other 
candidates  objected  to  that  project,  at  least  before  the 

'  It  will  be  recalled  that  Taney's  decision  was  followed  the  next  day  by 
the  dissenting  opinions,  especially  that  of  Justice  Benjamin  R.  Curtis,  an 
alleged  irregular  reply  to  which  by  Chief  Justice  Taney,  with  a  rather 
strained  correspondence  between  the  two,  confirmed  Justice  Curtis'  previous 
inclination  to  resign  on  account  of  inadequate  salary.  A  few  knew  of  his 
inclinations  at  this  time,  although  he  did  not  formally  resign  until  September 
ist.      See  "The  Life  and  Writings  of  B.   R.   Curtis,"  by  his  son. 

*  For  an  account  of  Major-General  Stokes  see  "'1  he  Life  and  Speeches 
of  Thomas   Williams,    1806-1872,"   by    Burton   Alva    Konkle.     Index. 

223 


224  ELLIS  LEWIS 

vote  was  taken,  and  the  convention  yielded.  A  letter 
from  Major-General  Stokes,  insisting  that  his  name  was 
used  against  his  will  was  read,  however,  and  one  para- 
graph of  it  said  that  "as  the  people  of  Pennsylvania  have 
vindicated  their  wisdom  by  the  election  of  Judges  who 
are,  at  least,  equal  as  a  body  to  those  of  any  former 
period  of  the  history  of  the  Commonwealth,  they  should 
exhibit  their  constancy  by  re-electing  those  who  have 
proved  themselves  worthy  of  their  trust.  Judge  Lewis 
has  been  tried  and  has  not  been  found  wanting.  The 
Democrat  of  true  conservatism  demands  that  he  should 
receive  the  reward  of  his  well  doing."^ 

On  the  first  ballot  the  Chief  Justice  received  43  votes. 
Strong  received  37,  Hepburn  20,  Thompson  3,  and  others 
received  from  9  votes  down  to  i.  The  second  ballot, 
however,  closed  with  73  for  Lewis,  47  for  Strong,  and 
12'  for  Hepburn,  whereupon  it  was  made  a  unanimous 
renomination  for  Chief  Justice  Ellis  Lewis.  It  was 
then  deemed  proper  to  read  the  letter  from  members  of 
the  Philadelphia  bar,  addressed  to  Mr.  Westcott  and 
other  members  of  the  Philadelphia  delegation.  "The 
undersigned,  members  of  the  bar  of  Philadelphia,"  it 
reads,  "address  you  as  delegates  to  the  Convention  which 
meets  at  Harrisburg  on  the  second  of  March  to  nominate 
a  candidate  for  the  Supreme  Bench,  on  the  expiration 
of  Judge  Lewis'  term.  We  wish  to  be  understood  as 
writing  this  letter  with  no  reference,  direct  or  indirect, 
to  party  politics,  but  from  a  sense  of  duty  to  the  public 
and  the  cause  of  the  administration  of  the  law  in  which, 
as  professional  men,  we  are  deeply  interested.  We  are 
desirous  that  Judge  Lewis  should  be  renominated  by 
his  political  friends.  Since  he  has  been  known  to  us  as 
a  Judge,  he  has  commanded  respect  by  his  learning  and 
ability,  and  conciliated  the  regard  of  us  all  by  his  uni- 
form courtesy  and  kindness  of  deportment.  This  is, 
we  believe,  the  unanimous  sentiment  of  this  bar.  His 
nomination  and  election  will  give  general  satisfaction 
from  these  personal  considerations  alone. 

"But  there  are  others  of  still  greater  import  which 
we  take  the  liberty  of  suggesting  to  you,"  it  proceeds. 
"The   instability   of  our   elective  judiciary   can   only  be 

'The   Daily  Pcniisylraiiiaii,    Philadelphia,    March   5,    1859. 


DECLINES  UNANIMOUS  RE-NOMINATION  225 

corrected  by  the  proof  that  a  re-election  can  always  be 
commanded  by  good  conduct ;  and  that  the  people  will 
not  change  theii  judges  merely  for  the  sake  of  change. 
In  the  case  of  the  first  vacancy  which'  occurred  by  rota- 
tion on  the  Bench,  the  incumbent  was  without  dissent 
renominated,  and  without  difficulty  re-elected.  This 
was  the  case  of  Judge  Black,  whose  original  term  was 
the  shortest,  being  but  for  three  years.  Judge  Lewis' 
term  of  six  years  is  now  expiring,  and  we  shall  be  much 
gratified,  if  by  his  political  friends  at  least  the  same  rule 
can  apply  to  him.  In  thus  addressing  you,  we  earnestly 
disclaim  any  intention  to  intrude  our  counsel  on  you, 
or  the  Convention  of  which  you  are  a  member.  With 
the  party  you  represent,  some  of  us  have  no  connection. 
But  as  citizens  and  lawyers,  we  feel  we  are  doing  an  act 
of  simple  justice  to  a  most  meritorious  public  officer  by 
bringing  this  matter  to  your  view."  This  was  signed 
by  the  following  now  well-known  names:  B.  Gerhard,  Benj. 
H.  Brewster,  Theo.  Cuyler,  Constant  Gillou,  Saml.  H. 
Perkins,  Robert  P.  Kane,  Saml.  C.  Perkins,  Henry  J. 
Williams,  A.  V.  Parsons.  Edward  Wain,  Fred.  C. 
Pirightly,  P.  McCall,  F.  Carroll  Brewster,  John  Fallon, 
W.  L.  Hirst,  John  Hamilton,  Jr.,  P.  P.  Morris,  Frederick 
C.  Kreider,  John  T.  Montgomery,  Geo.  L.  Ashmead,  E. 
Ingersoll,  James  R.  Ludlow%  J.  Randall,  Wm.  E.  Lehman,* 
Eli  K.  Price,  H.  R.  Kness,  Wm.  S.  Price,  Joseph  A,  Clay, 
Geo.  Northrup,  N.  B.  Brov^ne,  G.  M.  Wharton,  A.  J. 
Fisher,  C.  Ingersoll,  James  C.  Vandyke.  St.  Geo.  T. 
Campbell,  Henry  M.  Phillips,  J.  F.  Johnson,  Henry 
Johnston,  Francis  Wharton,  J.  A.  Phillips,  Geo.  Junkin, 
Jr.,  H.  C.  Townsend,  Wm.  W.  Juvenal,  S.  Serhll,  Thomas 
J.  Diehl,  Geo.  Barton,  Charles  E.  Lex,  W.  J.  McElroy, 
Wm.  Sergeant,  Henry  M.  Dechert,  Andrew  Miller,  Jas. 
Bayard,  W.  Heyward  Dayton,  William  B.  Reed,  Geo. 
W.  Biddle,  Ed.  E.  Law,  Wm.  Henry  Rawle,  J.  A. 
Spencer,  Horatio  Gates  Jones,  M.  Russell  Thayer.^ 

The  new  nomination  was  at  once  taken  up  with 
enthusiasm,  even  the  followers  of  Strong  stating  that 
they  "submitted  willingly,"  as  the  Reading  Gazette  put 
it,  and  counted  it  "a  great  compliment"  to  their  can- 
didate that  he  could  gain  so  "handsome"  a  vote  against 

'  The  Daily  Pennsyhanian,    Philadelphia,    March   5,    1857. 


226  ELLIS  LEWIS 

"such  a  competitor"  as  Chief  Justice  Lewis,  Less  than 
ten  days  later  than  this,  as  it  will  be  recalled,  Justice 
Black  resigned  to  accept  the  cabinet  position  under 
President  Buchanan.  Immediately  the  friends  of  Strong 
and  others  pressed  their  claims  for  ex-Justice  Black's 
place  with  intensity.  Hon.  William  Strong  (1808-1895} 
was  a  native  of  Connecticut  and  a  graduate  of  Yale. 
He  was  admitted  to  the  bar  of  Reading,  Pennsylvania, 
just  the  year  before  Lewis  became  Attorney-General, 
and  in  1846,  while  Lewis  was  at  the  head  of  the  Lancas- 
ter bench,  he  began  two  terms  of  service  in  Congress.^ 
Those  events  seemed  to  have  great  effect  on  the  con- 
sideration of  the  question  of  acceptance  by  Chief  Justice 
Lewis,  for  there  could  be  no  manner  of  doubt  that 
President  Buchanan's  state  would  have  elected  him — 
that,  indeed,  was  a  foregone  conclusion.  But,  after 
about  two  weeks  more  of  thought  on  the  subject,  after 
Black's  call  to  the  cabinet,  he  astonished  nearly  every- 
body in  Pennsylvania  by  the  following  letter  from  his 
residence  in  West  Penn  Square  to  Chairman  Charles  R. 
Buckalew,  of  the  Democratic  State  Central  Committee, 
dated  March  25,  1857: 

"Dear  Sir:"  the  letter  begins,  "At  the  late  Demo- 
cratic State  Convention,  the  local  claims  of  the  different 
sections  of  the  State  were  generously  waived  for  the 
purpose  of  securing  my  continuance  in  the  high  and 
important  office  of  Supreme  Judge.  The  energy  with 
which  those  claims  are  nozv  urged  for  the  office  recently 
vacated  on  the  Supreme  Bench,  shows  the  extent  of  the 
sacrifices  then  made,  and  the  nature  of  the  dissatisfaction 
which  may  exist  after  one  section  shall  be  gratified  and 
the  other  disappointed  by  the  anticipated  nomination. 
The  Convention,  when  re-assembled,  might  be  able  to 
harmonize  these  claims,  if  that  body  had  two  nominations 
to  make  instead  of  one.  I  therefore  feel  at  liberty  to 
decline,  as  I  now  do,  the  renomination  tendered  to  me 
by  the  Democratic  State  Convention.  In  thus  promot- 
ing harmony,  I  consult  my  own  earnest  desire  to  retire 
from  judicial  life,  and  at  the  same  time  put  the  delegates 
to  no  inconvenience,  as  they  will  be  obliged  to  come 

*  He  afterward  became  a  member  of  the  National  Supreme  Court  between 
1870  and   1880. 


DECLINES  UNANIMOUS  RE-NOMINATION  227 

together  again  for  the  purpose  of  nominating  a  candidate 
to  fill  the  existing  vacancy. 

"I  have  been  laboriously  engaged  in  judicial  duties," 
the  Chief  Justice  continues,  "nearly  twenty-four  years 
— a  longer  period  of  service  than  that  of  any  living  Judge 
in  Pennsylvania.  I  have  been  thus  engaged  under  three 
changes  of  the  Constitution.  I  have  aided  to  the  extent 
of  my  abilities  in  bringing  up  the  arrearages  of  business, 
in  replacing  upon  their  ancient  foundations  some  of  the 
landmarks  of  the  law  which  had  inadvertently  been 
removed,  and  in  maintaining  the  purity  and  the  inde- 
pendence of  the  Judiciary;  I  have  constantly  endeavored 
to  do  justice  without  delay,  fear,  favor,  affection  or  ill- 
will.  I  now  occupy,  by  the  voice  of  the  people  of  my 
native  State,  the  highest  judicial  station  in  it.  My  long 
career  as  a  Judge  has  received  the  approbation  of  the 
Democratic  party  in  the  renomination  so  generously 
and  unanimously  made  by  the  State  Convention.  All 
my  ambition  is  satisfied.  I  have  but  one  wish  left,  and 
that  is  to  return  to  the  freedom  and  independence  of 
private  life.  I  do  this  with  a  grateful  heart  for  the  long 
continued  confidence  of  my  fellow  citizens,  and  in  the 
full  trust  that  they  will  appreciate  and  approve  of  my 
motives.     Very  respectfully  yours,  Ellis  Lewis. "^ 

This  news  proved  to  be,  indeed,  startling  to  the 
public,  for  the  Chief  Justice  would  scarcely  be  sixty 
years  old  when  his  term  should  expire  in  the  following 
December.  Morton  McMichael's  editorial  in  the  North 
American  of  the  same  date — an  opposition  paper — said  : 
^'Judge  Lewis  w^as  among  the  first  who  were  chosen  to 
fill  judicial  seats  by  the  popular  vote;  and  it  is  conceded 
even  by  those  who  have  not  had,  and  have  not  now  any 
large  amount  of  faith  in  that  mode  of  election,  that  in 
his  case  the  choice  was  a  most  fortunate  one.  Certainly, 
there  are  few  better  read  lawyers  to  be  found  anywhere ; 
and  his  diligence  in  the  discharge  of  his  onerous  duties 
has  been  most  exemplary.  There  have  been  times  when 
we  have  had  occasion  to  dissent  from  his  decisions ;  and 
occasionally  we  have  thought  the  earnestness  of  his 
partisanship  affected  the  tone  in  which  his  opinions  were 
uttered;    but    we    have    very    grave    doubts    whether    his 

^  The   Daily  Pennsylvanian,    Philadelphia,    March   27,    1857. 


228  ELLIS  LEWIS 

political  friends  will  be  able  to  offer  any  one  for  his 
place  who  will  combine  so  much  legal  learning,  and 
patient  research,  and  well-digested  information  on  gen- 
eral subjects,  as  he  has  constantly  manifested." 

The  Pennsylvanian,  the  leading  organ  of  his  own  party, 
on  the  same  date,  said  editorially :  "This  determination 
of  Judge  Lewis  will  be  a  matter  of  the  most  sincere 
regret  to  every  sound  lawyer  in  Pennsylvania.  No  man 
within  our  Commonwealth  has  had  the  judicial  experi- 
ence of  the  present  Chief  Justice,  and  no  Judge  has 
labored  more  zealously  to  free  the  docket  of  the  Supreme 
Court  of  the  accumulated  litigation  of  ages.  The  whole 
legal  fraternity  have  had  the  utmost  confidence  in  the 
soundness  of  his  opinion,  and  have  looked  to  him  for  the 
settled  law  of  the  State.  We  doubt  much  whether  Judge 
Lewis  has  ever  been  equalled  in  industry  on  the  Bench. 
With  him,  it  seemed  to  be  a  conscientious  duty  promptly 
to  decide  all  cases  argued  before  him,  even  at  the  loss 
of  his  own  bodily  comfort,  by  divesting  himself  of  the 
hours  which  should  have  been  devoted  to  rest  or  recrea- 
tion. No  litigant  ever  had  cause  to  complain  of  delay 
where  Judge  Lewis  had  the  trial  of  his  cause,  and  few 
ever  murmured  at  his  decisions.  The  clearness  of  his 
head,  in  all  his  conclusions,  was  equalled  by  the  integrity 
of  his  heart,  and  it  may  be  said  of  him,  as  of  Lord 
Thurlow,  that  he  had  a  head  of  crystal  with  nerves  of 
brass,  which  nothing  could  shake  from  the  line  of  con- 
viction and  duty. 

"But  it  is  not  the  legal  profession  only  that  will  regret 
the  step  Judge  Lewis  has  taken,"  the  editorial  continues. 
"The  people,  with  whom  he  has  always  been  a  great 
favorite,  because  they  knew  him  to  be  an  upright  and 
learned  judicial  magistrate,  will  endure  painful  sensa- 
tions at  the  loss  of  so  enlightened  a  jurist  and  so  valued 
a  friend.  Another  Judge,  whose  mind  may  be  filled  with 
the  love  of  the  law,  may  be  called  to  his  seat  on  the 
Supreme  Bench  ;  but  it  will  require  many  years  of  prac- 
tical experience  as  a  Justice  of  the  court  of  last  resort 
before  a  new  man  can  attain  to  the  position  which  Judge 
Lewis  has  reached  in  the  confidence  of  the  Bar  and  the 
people.  We  look  upon  the  declination  of  the  Chief 
Justice  as  little  short  of  a  public  calamity,  as  he  is  lost 


DECLINES  UNANIMOUS  RE-NOMINATION  229 

to  the  Bench  at  a  time  when  the  ripeness  of  his  intellect 
is  of  untold  value.  Although  the  patriarch  of  the 
Judiciary,  so  far  as  length  of  service  is  concerned,  he 
is  still  at  the  very  zenith  of  his  mental  power,  and  might 
continue  to  impress  upon  our  legal  code  the  clear  light 
of  his  own  lucid  mind.  As  the  Judge  is  a  man  of  great 
decision  of  character,  we  presume  that  his  present 
determination  not  to  be  a  candidate  is  a  finality. 

"In  parting  with  him,"  it  adds,  "we  can  only  say  in 
addition,  that  if  a  resolute  performance  of  a  duty  con- 
scientiously— if  great  legal  knowledge,  combined  with 
untiring  industry — if  a  determination  to  rescue  legal 
decisions  from  having  a  double  voice — -if  an  inflexible 
integrity  which  nothing  could  shake,  sustained  by  a 
courage  that  admitted  of  no  faltering — can  entitle  a 
Judge  to  a  lofty  place  in  the  niche  of  fame,  no  judicial 
ofificer  within  the  present  quarter  of  a  century  has  earned 
it  with  more  intelligent  labors  than  Chief  Justice  Ellis 
Lewis  has  done  during  his  long  legal  career.  The  thanks  of 
the  citizens  of  Pennsylvania  will  follow  him  into  his 
retirement,  and  history  will  enroll  his  name  among  the 
honored  sons  of  our  noble  Commonwealth.  If  the  Chief 
Justice  should  ever  again  be  induced  to  exercise  judicial 
functions,  we  trust  that  he  may  be  called  to  a  seat  on 
the  Supreme  Bench  of  the  United  States,  that  the  nation 
may  possess  what  our  State  has  lost  by  his  declination."^ 

Mr.  Forney,  whose  sentiments  were  thus  expressed, 
may  have  known  that  there  was  liable  to  be  a  vacancy 
on  the  National  Supreme  Bench  at  this  time,  for  the 
Dred  Scott  decision  had  made  some  irritation  which  was 
rapidly  being  intensified  between  Chief  Justice  Taney 
and  the  Masachusetts  member.  Justice  Curtis,  which, 
together  with  the  latter's  belief  that  the  salary  was 
inadequate,  did  lead  to  his  resignation  in  the  early 
autumn.  President  Buchanan,  of  course,  was  constrained 
to  fill  this  place  with  another  New  Englander.  Justice 
Clifford,  of  Maine.  Mr,  Forney's  desires,  however,  were 
wholly  personal  to  himself,  and  those  who  best  knew 
the  Chief  Justice  knew  that  his  letter  exactly  stated  the 
case  so  far  as  he  himself  was  concerned,  and  it  was  a 

•  Carson's  "History  of  the  Supreme  Court  of  the  United  States,"  and 
"The  Life  and  Writings  of  B.  R.  Curtis"  indicate  the  conditions  that  made 
this  remark  significant  at  this  time. 


230  ELLIS  LEWIS 

real  retirement  that  he  sought.  In  due  time  he  saw  the 
nominations  of  Strong  and  Thompson  for  the  two  va- 
cancies, and  the  October  elections  made  sure  their 
elevation  to  the  bench  in  December,  with  the  post  of 
Chief  Justice  falling  to  the  latter.^ 

Meanwhile,  in  November,  at  the  closing  Pittsburgh 
session,  he  received  on  the  17th  of  that  month  a  letter 
from  the  leading  members  of  that  bar  requesting  him 
to  name  a  date  convenient  for  him  to  attend  a  dinner  at 
the  Monongahela  House  as  an  appropriate  occasion  to 
express  their  "high  estimate"  of  his  "personal  and  ofBcial 
character."  "Having  declined  a  re-election,"  they  added, 
"the  expiration  of  your  present  term  will  soon  sever  the 
relation  that  for  several  years  has  existed  between  your- 
self and  the  members  of  the  bar,  a  relation  that  enables 
them  to  bear  witness  to  the  great  learning,  long  experi- 
ence, unwearied  industry  and  eminent  ability  with  which 
your  duties  as  a  Judge  and  Chief  Justice  of  the  Supreme 
Court  of  this  Commonwealth  have  been  discharged.  And 
while  your  long  and  successful  career  in  public  service 
entitle  you  now  to  retire  with  the  highest  honors  and 
to  seek  the  ease  of  private  life,  we  beg  you  to  accept 
the  assurance  that  you  bear  with  you  the  sincere  regard 
and  professional  respect  of  Your  Friends,"  etc.,  after 
which  followed  the  signatures  of  seventy-two  of  the 
ablest  members  of  that  bar,  reproductions  of  which 
appear  on  an  accompanying  page. 

On  the  following  Wednesday — as  the  Chief  Justice 
was  to  leave  for  Philadelphia  on  Thursday — the  banquet 
was  held.  "At  nine  o'clock,"  said  the  account  of  it  in 
the  Pittsburgh  Chronicle,  "the  doors  of  the  dining  room 
were  thrown  open,  and  a  moment  later  the  names  of 
the  officers  of  the  evening  were  announced.  The  venera- 
ble Judge  [William]  Wilkins  presided,  and  never  have 
we  seen  a  gentleman  discharge  the  duties  of  his  office 

'  A  very  good  sketch  of  Chief  Justice  Lewis  was  issued  by  the  State  Com- 
mittee immediately  after  the  convention.  It  mentioned  the  following  decisions 
regarding  land  law:  7  Harris,  424;  1  Casey,  45;  i  Casey,  103;  2  Casey,  407;  7 
Harris,  203;  10  Harris,  144;  and  :  Casey,  491,  the  last  as  especially  striking. 
The  following  were  illustrations  of  his  attitude  toward  agriculture  and  mining: 
5  Harris,  262;  i  Casey,  530;  6  Harris,  235.  For  commerce,  transportation  and 
insurance  it  gave:  5  Harris,  290,  and  136;  9  Harris,  513;  2  Casey,  259;  11  Harris, 
137;  6  Harris,  426;  12  Harris,  378;  and  7  Harris,  344.  The  Reigert  case  was 
mentioned  and  the  Philadelphia  Gas  case.  On  State  and  National  sovereignty, 
10  Harris,  406,  and  the  Passmore  Williamson  case,  and  in  Medical  Juris- 
prudence the  Earl  and  Hoover  cases  and  the  McCandless  case  were  men- 
tioned. 


DECLINES  UNANIMOUS  RE-NOMINATION  231 

better.  On  his  right  sat  the  guest  of  the  evening,  Chief 
Justice  Lewis,  and  Judge  Knox,  and  on  his  left,  Judges 
Armstrong  and  Woodward,  both  of  the  Supreme  Bench, 
Judge  Williams,  of  the  District  Court,  and  McClurc,  of 
the  Common  Pleas,  occupied  seats  at  the  same  table, 
while  in  their  neighborhood  sat  Judge  Shaler,  Judge 
Hepburn,  Mr.  Loomis,  G.  P.  Hamilton,  and  other 
celebrities  of  the  Pittsburgh  Bar. 

"When  the  'good  things'  set  before  the  company  were 
discussed,  the  Secretary  read  the  toasts  prepared  for  the 
occasion,  and  a  number  of  interesting  and  really  beauti- 
ful speeches  followed.  Judge  Wilkins  made  a  very 
happy  and  eloquent  address.  He  remarked  that  he  had 
been  called  to  preside  over  the  meeting  for  the  reason, 
he  believed,  that  he  could  say  more  than  any  other 
present  of  the  excellent  citizen  and  profound  jurist, 
whose  connection  with  the  Bench  and  the  profession 
was  so  shortly  to  be  severed.  He  knew  Judge  Lewis 
for  a  number  of  years,  both  as  a  Judge  and  a  citizen. 
He  knew  him  well,  and  was  happy  to  be  able  to  bear 
testimony  to  his  profound  legal  knowledge  as  a  jurist 
and  worth  as  a  citizen.  The  Judge  then  referred  to  the 
early  history  of  the  Chief  Justice,  and  traced  his  career 
from  the  time  when,  like  Benjamin  Franklin,  he  left 
his  home  to  become  a  printer,  to  a  not  very  remote 
period,  when,  by  the  suffrages  of  the  people  of  the  Com- 
monwealth, he  was  called  to  the  high  position  he  now 
occupied.  The  man  whose  transcendent  abilities  and 
profound  legal  knowledge  were  now  filling  us  with 
admiration  and  respect,  began  his  life  as  a  poor  printer's 
boy  at  Harrisburg.  Friendless  and  alone,  his  great 
genius  carried  him  over  every  obstacle,  and  in  the  end 
placed  him  in  a  position  the  highest,  he  might  say,  in 
the  gift  of  the  people.  There  was  a  lesson  in  the  history 
of  the  Chief  Justice  which  the  young  men  of  the  Bar 
would  do  well  to  study.  They  should  emulate  his  in- 
dustry, his  application  to  business,  and  rectitude  of 
conduct,  and  in  the  end  their  ambition  might  lead  them 
to  the  same  goal  which  he  had  so  worthily  reached. 

"The  speaker  next  referred  to  the  Judiciary  of  the 
State,  and  remarked  that  now,  as  ever,  he  was  opposed 
to  the   system   under   which    it    was   chosen.      He   was 


232  ELLIS  LEWIS 

opposed  to  an  elective  judiciary.  It  brought  strangers 
together  to  decide  on  the  laws  of  the  State,  and  look 
at  what  it  does  now.  It  strikes  from  the  bench  the 
highest  legal  luminary  in  the  Commonwealth,  and,  at 
a  time,  too,  when  his  career  of  usefulness  has  not  been 
half  run.  He  would  not  trust  the  people  with  a  duty  so 
important  as  that  of  choosing  a  Judiciary.  They  might 
elect  their  Governor,  their  members  of  Congress,  or  their 
Senators ;  for,  as  compared  with  the  Judiciary,  their 
duties  were  not  of  much  moment ;  but  he  desired  to  see 
the  appointment  of  Judges  rest  with  another  power,  and 
to  have  their  term  of  office  continue,  not  for  ten  or  fifteen 
years,  but  so  long  as  they  were  able  to  discharge  its 
duties  in  a  proper  and  fitting  manner.  The  gentleman 
continued  in  this  strain  for  some  time,  and  closed  his 
very  interesting  address  with  a  beautiful  compliment 
to  the  guest  of  the  evening,  whose  virtues  and  abilities 
he  extolled,  and  whose  example  he  desired  the  young 
men  around  him  to  emulate. 

"A  toast  complimentary  to  the  Chief  Justice,  and 
expressing  regret  that  his  connection  with  the  bench 
was  so  soon  to  cease,  'brought  out'  that  gentleman,  and 
secured  for  the  audience  a  very  happy  and  well  conceived 
address.  The  gentleman  commenced  his  remarks  by 
stating  that  he  was  weighed  down  by  the  kindness 
which  he  had  experienced  at  the  hands  of  the  members 
of  the  Bar,  and  felt  as  if  he  had  not  language  to  express 
his  feelings.  But  a  few  days  ago,  he  was  looking  to  the 
period  when  his  judicial  duties  would  cease  with 
pleasure.  He  had  pictured  to  himself  the  domestic 
comfort  he  should  enjoy,  the  recreation  he  should  indulge 
in,  and  the  satisfaction  he  should  feel  in  a  trip  to  the 
Sunny  South  and  distant  lands ;  but  now  his  feelings 
were  otherwise.  The  kindness  of  the  Pittsburgh  Bar 
overwhelmed  him,  and  his  retirement  from  the  Bench, 
to  which  he  before  looked  with  satisfaction,  would  bring 
him  many  regrets — regrets,  because  it  separated  him 
from  the  true  and  warm-hearted  friends  who  then  sur- 
rounded him. 

"The  learned  gentleman  then  referred  to  his  brethren 
on  the  Bench,"  the  Chronicle  continues,  "and  spoke  in 
the  highest  terms  of  their  abilities.     Judge  Armstrong 


DECLINES  UNANIMOUS  RE-NOMINATION  233 

he  knew  in  Williamsport.  They  were  boys  together, 
and  many  were  their  struggles  in  the  Lycoming  courts 
for  the  mastery.  He  was  an  old  and  valued  friend,  and 
he  felt  proud  to  be  able  to  bear  testimony  to  his  worth 
as  a  man  and  profound  knowledge  as  a  jurist.  Of  Judge 
Woodward  he  could  say  much.  Their  intimacy  and 
intercourse  had  always  been  of  the  pleasantest  character, 
and  he  felt  sad  when  he  reflected  that  their  associations 
were  so  soon  to  be  sundered.  He  would  not  speak  of 
brother  Woodward's  public  life.  It  was  well  and  widely 
known,  and  spoke  for  the  character  of  the  man  in  much 
stronger  terms  than  any  language  he  might  use  on  the 
subject.  Judge  Knox,  he  knew  when  a  little  boy  playing 
marbles  in  the  street.  He  had  grown  up,  as  it  were, 
under  his  eyes.  He  watched  his  admission  to  the  bar, 
then  his  course  in  the  Legislature,  and  saw,  with  the 
most  intense  satisfaction,  his  elevation  to  the  Bench. 
It  didn't  take  him  long  to  get  there,  either — in  fact,  it 
didn't  take  Judge  Knox  long  to  get  anywhere,  so  bril- 
liant were  his  acquirements  and  agreeable  and  pleasing 
his  manners. 

"Judge  Lowrie,"  continues  the  Chronicle,  "was  not 
present,  but  the  speaker  knew  him  well.  He  was  an 
ornament  to  his  profession  and  the  Bench,  and  he  would 
part  with  him  with  regret.  In  short,  his  associations 
with  his  brother  Judges  were  of  the  most  pleasant  char- 
acter throughout,  and  long,  long  would  he  remember 
them.  He  felt  pained  that  they  were  about  to  be  broken 
oiT,  but  he  could  not  help  this.  A  life  of  labor  had  nearly 
worn  him  out,  and  he  desired  retirement.  He  knew  the 
members  of  the  Pittsburgh  Bar  well.  They  might  think 
he  did  not  know  them,  but  he  knew  every  one  of  them, 
and  all  about  them.  They  must  not  look  astonished 
now,  for  it  was  a  fact — he  knew  them,  but  he  knew  noth- 
ing bad  about  them.  They  were  upright,  eloquent  and 
intelligent,  and  should  ever  command  his  esteemed 
respect.  The  gentleman  spoke  in  this  way  for  some 
time,  and  closed  his  address  by  toasting  the  Pittsburgh 
Bar,  and  expressing  the  deepest  sorrow  that  his  associa- 
tion with  its  members  was  so  soon  to  cease."  He  was 
followed  by  Judges  Armtrong,  Woodward,  Knox,  Wil- 
hams,  McClure,  Shaler  and  Shannon  and  various  leaders 


234  ELLIS  LEWIS 

of  the  Bar,  Judge  Woodward  amusing  the  company  by 
a  humorous  description  of  one  of  the  Chief  Justice's  early 
efforts  at  the  Bar. 

Almost  exactly  a  month  after  this  invitation,  and 
but  ten  days  after  his  actual  retirement,  namely,  on 
December  i8th  (1857),  the  "Auld  Lang  Syne  Party"  of 
Philadelphia,  of  which  he  was  a  member,  invited  him  to 
a  dinner  "at  Dorsey's,"  on  the  22nd  instant.  Shortly 
before  this  there  was  issued  in  Philadelphia  an  American 
edition  ot  Burns'  Poems  by  one  of  this  "Auld  Lang  Syne 
Party"  in  honor  of  that  social  club,  which  also  thus 
became  a  species  of  memorial  of  the  Chief  Justice's 
retirement,  as  the  frontispiece  of  the  volume  was  an 
engraving  of  the  entire  "Party"  at  a  dinner,  in  the  act 
of  joining  in  the  song  of  "Auld  Lang  Syne."  "But," 
says  a  current  review  of  the  volume,^  "it  is  to  the  charm- 
ing vignette  that  we  would  especially  refer.  This  will 
repay  more  than  a  cursory  glance.  It  represents  a  com- 
pany of  gentlemen  seated  around  the  festive  board, 
where  wine,  and  light,  and  song,  are  conspiring  to  give 
cheer  and  delight,  and  who  are  now  in  the  attitude  of 
singing  the  chorus  of  'Auld  Lang  Syne,'  and,  hand  in 
hand,  are  pledging  each  other's  health — in  a  word,  laying 
the  solid  foundation  of  a  happy  'lang  syne'  for  future 
memory.  Nor  is  this  all :  these  gentlemen  are  not  the 
mystic  creations  of  the  painter  and  engraver,  but  'coun- 
terfeit presentments'  of  real,  living  men,  grouped  by 
their  friend,  the  publisher,  as  an  illustrious  American 
illustration  of  Burns'  song.  These  are,  unless  our 
Lavater  memory  has  deceived  us:  Chief  Justice  Ellis 
Lewis,  a  man  known  not  more  for  his  eminent  fame  as 
a  jurist  than  for  his  noble  virtues  as  a  man;  near  him  is 
William  D.  Lewis,  an  eminent  citizen  of  Philadelphia, 
formerly  Collector  of  the  Port ;  seated  appropriately  at 
the  head  of  the  table  is  John  Grigg,  Esq.,  a  man  of  great 
wealth  and  influence,  but,  besides,  as  honorable  a  gentle- 
man, as  distinguished  a  social  character  and  as  benev- 
olent a  man  as  the  country  can  produce ;  Morton  Mc- 
Michael.  the  famous  editor  and  unrivalled  orator,  is 
there ;  John  C.  Knox,  the  distinguished  Judge  of  the 
Supreme  Court;  hearty  Louis  A.  Godey,  of  the  'Lady's 

'  The  Home  Journal  of  December  19,  1857.  E.  H.  Butler  &  Company  were 
the   publishers   of  this   book. 


The   Auld    Lang    Syne    Party 
From  an  engraving  in  possession  of  the  Pennsylvania  Bar  Association,  I'liiladelphia 


DECLINES  UNANIMOUS  RE-NOMINATION  235 

Book';  learned  and  clever  Professor  Hart,  of  the  High 
School ;  there,  too,  we  recognize  on  old  West  Pointer, 
Captain  Coppee,  of  the  United  States  Artillery,  who  has 
given  up  arms  for  the  civic  toga.  Besides  these  are 
Mitchell,  the  pleasant  Roanoke  of  the  Knickerbocker; 
philosophic  l^ancoast ;  Green,  the  surgeon ;  Cope  and 
Wickersham.  Rising  in  his  chair,  and  joining  with 
heart  and  hand,  is  Butler  himself,  like  the  King  of  Mis- 
rule. But,  stay;  who  is  that  hearty  man  who  faces  us 
as  lord  of  the  ascendant,  and  either  guides  or  starts  the 
music?  That  is  the  Chief  Magistrate  of  Philadelphia, 
Hon.  Richard  Vaux — a  man  of  generous  sympathies, 
high  integrity,  and  most  genial  heart.  Him  we  know 
well  'lang  syne.'  Such  is  the  'Auld  Lang  Syne  Party' 
who  grace  the  frontispiece  of  the  new  edition  of  Burns. 
The  fancy  is  new,  and  it  has  been  most  happily  exe- 
cuted. Many  of  the  faces  (especially  that  of  Mr.  Grigg) 
are  excellent  likenesses.  Although  they  were  originally 
engraved  in  England,  they  were  entirely  retouched,  and 
altogether  improved,  by  Mr.  Sartain,  of  Philadelphia. 
The  original  drawings  are  by  Schmolze,  the  Philadelphia 
artist."^ 

*  The  engraving  which   is   here  reproduced   is   in  possession   of  the   Penn- 
sylvania State  Bar  Association's  historical  collection  in  Philadelphia. 


CHAPTER  XIV 

His  Counsels  on  Public  Affairs.     Correspondence 
WITH  Taney  and  Stanton 

1858-60 

Scarcely  had  the  echoes  of  "Auld  Lang  Syne"  died 
away,  with  its  prospective  joys  of  retirement  for  ex- 
Chief  Justice  Lewis,  when  the  message  of  President 
Buchanan  appeared,  in  which  he  acknowledged  the 
legality  of  the  Lecompton  Constitution  and  recommended 
the  admission  under  it  of  Kansas  as  a  state.  The 
bloody  struggle  of  the  slavery  and  anti-slavery  elements 
in  that  unhappy  territory  roused  the  entire  land,  and 
mass-meetings  of  all  sorts  were  held  for  and  against  the 
course  of  the  President.  The  Democracy  of  Philadel- 
phia issued  a  call  for  a  mass-meeting  at  Jayne's  Hall, 
on  Chestnut  Street  below  Seventh,  for  the  evening  of 
Monday,  the  28th  [December],  and  urged  the  ex-Chief 
Justice  to  preside.  After  several  refusals  he  finally  con- 
sented, and  with  the  hall  full  to  overflowing,  and  most 
of  the  one  hundred  and  thirty-two  vice-presidents  on 
the  platform,  while  the  hurrahs  of  the  delegations  that 
filled  the  street  outside  could  be  heard,  he  rose  amidst 
prolonged  applause  and  began  his  introductory  address. 

'T  beg  leave,"  he  said,  "to  tender  my  sincere  thanks 
to  this  meeting  for  the  honor  conferred  in  selecting  me 
to  preside  over  its  deliberations.  At  the  same  time, 
justice  to  my  own  feelings  requires  me  to  say  that  I 
accept  the  honor  with  reluctance,  and  had  repeatedly 
declined  it  when  proposed  by  the  Committee  of  Arrange- 
ments, because,  when  I  retired  from  the  highest  judicial 
station  in  my  native  State,  and  declined  the  nomination 
for  re-election  so  generously  tendered  by  the  Democratic 
Convention,  it  was  my  sincere  desire  to  be  relieved  from 
the  responsibilities  of  all  prominent  public  or  political 
stations.  But  the  wishes  of  my  fellow-citizens  have 
been  manifested  in  a  way  not  to  be  disregarded,  and  I 

236 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  237 

yield   to  their   wishes   with   profound   acknowledgments 
for  this  high  mark  of  their  confidence. 

"We  are  assembled,"  he  continued,  "to  deliberate  on 
the  measures  of  the  President  in  relation  to  the  admis- 
sion of  the  Territory  of  Kansas  into  the  Federal  Union, 
as  an  independent  State.  By  the  Constitution  of  the 
United  States,  Congress  possesses  the  power  to  'dispose 
of  and  make  all  needful  rules  and  regulations  respecting 
the  Territories  or  other  property  belonging  to  the 
United  States.'  This  clause  has  been  thought,  by  some, 
to  be  confined  merely  to  the  regulation  of  the  Terri- 
tories, as  property,  and  not  to  the  government  of  the 
people  inhabiting  the  Territories.  It  may  be  safely  con- 
ceded that  this  is  correct.  But  it  must  be  remembered 
that  the  Government  has  the  power  to  declare  war — to 
make  peace  and  to  make  treaties.  In  the  exercise  of 
these  powers.  Territories  may  be  acquired  either  by 
conquest  or  by  treaty.  When  the  Government,  by  either 
of  these  methods,  acquires  the  jurisdiction  over  and  the 
right  of  property  in  a  Territory,  the  right  to  make  laws 
for  its  government  results  as  a  necessary  incident  to  the 
acquisition.  Although  the  United  States  Government 
is  one  of  limited  powers,  it  is  certainly  supreme  within 
the  limits  prescribed ;  and,  in  addition  to  the  powers 
expressely  granted,  possesses  all  the  powers  necessary 
to  the  exercise  of  authorities  conferred  by  the  express 
terms  of  the  Constitution.  Under  this  construction  of 
the  Constitution,  Congress  has,  ever  since  the  foundation 
of  the  Government,  claimed  and  exercised  the  right  of 
sovereignty  over  the  people  of  the  Territories ;  and  the 
doctrine  of  popular  sovereignty  has  never  been  carried 
to  the  extent  of  claiming  for  the  people  of  the  Territories 
a  right  to  set  themselves  up  in  opposition  to  the  sovereign 
power  of  the  United  States.  No  territory  has  ever  been 
organized  for  governmental  purposes  but  by  authority 
of  Congress,  and  in  conformity  to  its  enactments.  The 
people  of  a  territory,  before  it  is  organized  for  the  pur- 
poses of  government,  are  bound  by  the  Constitution  and 
laws  of  the  Union  as  far  only  as  they  apply  to  such  ter- 
ritory. With  this  exception,  the  inhabitants  of  a  ter- 
ritory, before  it  is  organized,  are  in  a  state  of  nature — 
each   man   prescribes   laws   for   himself  and   administers 


238  ELLIS  LEWIS 

justice  to  himself  in  his  own  way.  As  all  have  an  equal 
right  in  this  respect,  no  one  has  rightful  power  over 
another.  Sovereignty  implies  superiority.  Where  all 
are  equal  there  can  be  no  such  thing  as  sovereignty. 
Sovereignty,  instead  of  existing  among  people  in  a  state 
of  nature,  has  no  existence  at  all  until  government  be 
established.  The  creation  of  governmental  power  is  the 
birth  of  sovereignty.  Even  popular  sovereignty  has  no 
existence  until  the  aggregation  of  individual  rights,  given 
up  for  the  purpose,  is  vested  in  the  appointed  authorities. 
But  in  the  case  of  the  Territories  belonging  to  the  United 
States,  the  sovereignty  exists  in  the  Federal  Govern- 
ment. The  people  of  the  Territories  have  no  powers 
beyond  those  secured  to  them  by  the  Constitution  of  the 
United  States,  or  voluntarily  granted  by  Congress.  It 
is  only  by  authority  of  Congress  that  they  can  have  a 
Territorial  Legislature.  It  is  only  under  the  same 
authority  that  they  can  rightfully  be  admitted  into  the 
Union  as  independent  States.  In  accordance  with  these 
principles.  Congress,  by  act  of  30th  May,  1854,  organized 
the  Territory  of  Kansas.  It  was  declared  to  be  'the  true 
interest  and  meaning  of  this  act  not  to  legislate  slavery 
into  any  Territory  or  State,  nor  to  exclude  it  therefrom, 
but  to  leave  the  people  thereof  perfectly  free  to  form  and 
regulate  their  domestic  institutions  in  their  own  way.' 
Under  this  act  Kansas,  when  admitted  as  a  State,  was 
to  be  received  into  the  Union  with  or  without  slavery, 
as  their  Constitution  may  prescribe  at  the  time  of  their 
admission.  On  the  19th  February,  1857,  the  Territorial 
Legislature  of  Kansas  passed  a  law  providing  for  the 
election  of  delegates  to  a  convention,  to  meet  on  the 
first  Monday  of  September,  for  the  purpose  of  framing 
a  Constitution  preparatory  to  admission  into  the  Union. 
Delegates  were  elected  under  this  law,  and  they  assem- 
bled in  convention  and  framed  a  Constitution.  The 
convention,  by  a  close  vote,  decided  to  submit  the  pro- 
visions respecting  slavery  to  the  people,  and  directed  an 
•election  to  be  held  for  that  purpose  on  the  21st  of  the 
present  month.  Thus  the  people,  by  their  representa- 
tives, proceeded  'in  their  own  way.'  The  result  of  the 
election  has  not  reached  us.  What  new  aspect  the  case 
may  ultimately  present,  it  is  impossible  at  this  moment 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  239 

to  foresee.  But  the  President  proposes  to  abide  the 
result  of  that  election,  and  admit  Kansas  into  the  Union 
at  once  under  the  Constitution  thus  framed.  What 
objection  can  there  be  to  this?  All  will  agree  that  the 
affairs  of  Kansas  have  already  occupied  too  much  of 
the  nation's  time  and  attention.  The  sooner  we  clothe 
that  unfortunate  Territory  with  the  powers  of  a  State, 
and  thus  localize  the  slavery  question,  the  better  for 
Kansas  and  the  better  for  the  Union.  But  it  is  objected 
that  the  whole  Constitution  ought  to  have  been  submit- 
ted to  the  people,  and  not  the  slavery  question  alone. 
The  answer  to  this  is  that  neither  the  Act  of  Congress 
nor  the  Act  of  the  Territorial  Legislature  required  the 
convention  to  submit  the  Constitution,  or  any  part  of 
it,  to  the  people.  If  the  delegates  of  their  own  accord 
thought  proper  to  take  the  opinion  of  their  constituents 
on  the  slavery  question,  it  does  not  follow  that  they 
were  bound  to  submit  every  other  question.  As  they 
acted  within  the  scope  of  their  powers  derived  from  the 
people,  the  presumption  is  that  they  had  good  reasons 
for  the  course  which  they  thought  proper  to  pursue. 
They  knew  that  a  portion  of  the  population  were  in  open 
rebellion  against  the  law  under  which  they  were  acting, 
and  would  oppose  any  Constitution  which  they  might 
frame ;  and  they  also,  doubtless,  knew  that  their  con- 
stituents, who  were  supporting  law  and  order,  were 
satisfied  with  every  provision  of  the  Constitution,  except 
that  which  had  relation  to  slavery.  This  was  submitted, 
because  there  was  an  honest  difference  of  opinion  about 
it.  It  is  complained  that  the  people  cannot  vote  on  the 
slavery  question  without  voting  for  the  Constitution. 
This  is  mere  matter  of  form,  because  the  other  provisions 
of  the  Constitution  are  not  intended  to  be  submitted  to 
the  people.  Their  voice  is  already  expressed  through 
their  delegates.  The  Constitution,  with  the  exception 
of  the  slavery  clause,  was  framed  by  their  representa- 
tives, to  be  submitted  to  Congress,  where  the  legal  and 
ultimate  sovereignty  undoubtedly  at  present  resides. 
It  is  further  objected  that  the  Legislature  which 
authorized  the  election  of  delegates  was  not  legally 
elected.  It  is  sufficient  for  us  to  know  that  it  is  the  only 
Legislature  which  has  ever  been  acknowledged  by  the 


240  ELLIS  LEWIS 

Government  of  the  United  States — that  it  is  the  Legisla- 
ture dc  facto;  and,  until  its  powers  are  revoked  or 
annulled  by  Congress,  its  acts  must  be  treated  as  valid. 
It  is  also  complained  that  the  delegates  who  framed  the 
Constitution  were  not  voted  for  by  a  majority  of  the 
people.  The  answer  to  this  is,  that  all  the  people  had  a 
right  to  vote  and  that  those  who  declined  to  exercise 
that  right  have  no  just  cause  to  complain.  The  call 
was  made  by  the  only  Government  known  to  exist.  The 
people  had  an  ample  opportunity  to  vote  for  representa- 
tives to  frame  a  Constitution,  and  thus  they  had  tendered  to 
them  the  usual  rights  of  popular  sovereignty.  If  they 
desired  more,  they  should  have  demanded  it  at  the  hands 
of  their  Territorial  Legislature.  Failing  in  this,  they 
should  have  influenced  the  action  of  their  Constitutional 
Convention.  If  that  action  does  not  suit  them,  they  can 
amend  their  Constitution  in  a  very  short  time  after  their 
admission.  In  no  view  of  the  case  does  it  appear  to  me  to 
be  proper  that  the  whole  nation  should  be  disturbed  con- 
tinually with  what  is  properly  a  merely  local  question. 
Let  Kansas  be  admitted  at  once,  and  then  let  her  settle 
this  question  for  herself.  The  largest  privilege  of  pop- 
ular sovereignty  is  conceded  to  her  when  she  is  admitted 
as  a  State  on  an  equal  footing  with  the  other  States. 
Any  course  which  would  hold  her  any  longer  in  the  help- 
less and  distracted  condition  of  a  Territory  must  surely 
be  anything  but  a  fair  extension  of  the  privilege  of 
popular  sovereignty."^ 

Other  speakers  followed  and  letters  were  read  from 
members  of  President  Buchanan's  cabinet  and  others. 
The  Attorney-General,  ex-Chief  Justice  Black,  wrote,^ 
among  other  things :  "The  President  seeing  a  Constitu- 
tion about  to  be  established  for  Kansas  by  legal  au- 
thority, what  could  he  do?  He  might  regret  some  things 
that  were  done — he  might  disapprove  of  others — he 
might  wish  that  it  had  been  different  in  many  respects ; 
but  still  it  was  the  lawful  work  of  a  lawful  body.  Could 
he  set  it  aside?  Could  he  order  the  election  not  to  be 
held  under  it?  Could  he  drive  the  people  away  from 
the  polls?  He  had  no  more  power  to  do  any  of  these 
things  than  he  had  to  veto  an  act  of  the  Pennsylvania 

'  The  Daily  Pennsylvanian   of  December  29,   1857. 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  241 

Legislature.  ***=>=********* 
Of  one  thing  I  am  sure :  that  James  Buchanan  is  the 
last  public  man  in  the  country  who  need  fear  the  place 
which  will  be  assigned  to  him  in  the  history  of  these 
proceedings ;  and  this  will  be  proved  to  the  heart's  con- 
tent of  all  who  live  long  enough  to  see  the  accounts  made 
up."*  The  meeting  passed  strong  resolutions  endorsing 
the  position  taken  by  the  President  and  the  immense 
demonstration  closed,  and  with  it  the  ex-Chief  Justice 
believed  he  closed  his  relations  to  public  affairs. 

Such  was  not  to  be,  however,  for  during  the  winter 
of  1857-8  the  Legislature  considered  a  law  to  provide 
for  a  revision  of  the  penal  code  of  the  State,  which  was 
finally  passed  and  approved  on  April  19,  1858.-  Imme- 
diately Governor  Packer,  by  means  of  the  National 
Telegraph  Lines,  wired  the  ex-Chief  Justice :  "Will  you 
accept  of  the  post  of  commissioner  to  revise  the  Penal 
Code — answer  immediately."  Judge  Lewis  replied  fa- 
vorably, and  the  following  day  the  Governor  sent  to  the 
Senate  the  name  of  ex-Chief  Justice  Lewis,  Hon.  Charles 
R.  Buckalew  and  Attorney-General  Knox  as  the  commis- 
sion in  full.''  The  act  provided  that  the  work  should  be 
reported  by  April  i,  1859,  and  allowed  a  salary  at  the 
rate  of  $2,000  per  annum.  The  commission  entered  upon 
its  work  at  once,  although  Mr.  Buckalew's  place  was 
soon  taken  by  District-Attorney  David  Webster,  of 
Philadelphia.  This  prevented  a  trip  abroad  which  Judge 
Lewis  had  so  favorably  contemplated  this  year  that  he 
already  had  letters  of  introduction  from  President 
Buchanan  to  Lord  Chief  Justice  Campbell  and  like  digni- 
taries in  Great  Britain  and  elsewhere. 

What  the  results  were  is  stated  a  year  later  in  a  letter 
from  Judge  Lewis  to  the  Governor.  "As  soon  as  I  was 
appointed  one  of  the  commissioners  to  revise  the  Penal 
Code  of  Pennsylvania,"  said  he,  "I  diligently  devoted  to 
the  duties  of  the  appointment  all  the  time,  reflection 
and  labor  in  my  power  to  bestow.  As  the  period  for 
making  the  report  approached,  it  became  manifest  to 
the  whole  Board  that  it  would  be  impossible  to  do 
justice  to  a  subject  of  such  magnitude  within  the  period 

•  The   Daily  Pennsylvanian. 

'  Laws  of   Pennsylvania,    1858,   p.    524. 

'Pennsylvania   Archives,   Fourth   Series,   \'ol.   \'III,   p.   78. 


242  ELLIS  LEWIS 

limited  by  the  act  of  Assembly.  An  application  was 
therefore  made  for  an  extension  of  time.  But  this,  it 
appears  by  a  recent  vote  of  the  Senate,  it  is  not  deemed 
expedient  to  grant.  It  therefore  becomes  necessary 
either  to  unite  in  reporting  a  Penal  Code  which  has  not 
been  so  thoroughly  examined,  revised  and  considered  as 
to  be  satisfactory,  even  to  the  commissioners  themselves, 
or  to  tender  my  resignation.  I  adopt  the  latter  alterna- 
tive without  hesitation. 

"It  is  unnecessary  to  say  to  an  Executive,  who  has 
long  been  personally  familiar  with  the  manner  in  which 
I  have  heretofore  performed  all  my  public  duties,  that 
I  have  not  neglected  the  duties  of  this  important  appoint- 
ment. I  accepted  the  appointment,  originally,  and  united 
in  the  application  for  a  brief  extension  of  time  after- 
wards, from  the  single  desire  to  render  a  useful  service 
to  my  native  State.  I  think  I  am  rendering  that  service 
faithfully  while  I  stand  on  the  ancient  statutes  and 
usages  with  which  the  people  and  the  profession  are 
familiar,  until  perfectly  satisfied,  after  the  most  careful 
consideration  of  the  subject,  that  a  change  has  become 
necessary. 

"I  have  not  drawn  from  the  Treasury  any  compensation 
for  my  services  on  this  commission,  and  I  decline  receiving 
any  part  of  the  salary  provided  by  the  act  under  which  I 
was  appointed. 

"Thanking  you  for  the  honor  conferred,  I  hereby  resign 
the  appointment  of  commissioner  to  revise  the  Penal  Code 
of  Pennsylvania.  Yours,  very  sincerely 

"Ellis  Lewis."^ 

"The  refusal  of  the  Senate  to  grant  any  more  time," 
said  the  Public  Ledger  editorially  on  April  6th,  "because  it 
involved  additional  expense,  was  unwise  economy,  either 
of  time  or  money.  It  has  broken  up  the  commission  by 
the  voluntary  withdrawal  of  Judge  Lewis.  The  progress 
already  made  will  be  lost,  and  the  whole  work  will  have  to 
be  begun  anew.  *****  A  work  of  this  kind,  it 
is  evident,  must  be  done  deliberately,  to  be  of  any  value 
at  all,  and  the  time  consumed,  as  long  as  it  was  within  the 
bounds  of  reason,  ought  to  have  been  considered  an  evi- 
dence of  the  care  with    which  the    work  was    executed." 

^  Public  Ledger,   April  6,   1859. 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  243 

The  result  was  that  Judge  Edward  King  was  appointed  in 
his  place  and  the  Revised  Penal  Code  report  did  not  appear 
until  i860,  and  when  it  did  appear  it  said  that  "The  term 
of  the  resolutions  under  which  their  authority  is  derived 
do  not  seem  to  the  commissioners  to  contemplate  a  codi- 
fication of  the  criminal  law.  Such  a  work  would  have  de- 
manded an  extent  of  time  and  labor  entirely  inconsistent 
with  the  prompt  and  early  report  required  by  the  resolu- 
tions, and  judging  from  the  results  which  elsewhere  have 
followed  such  attempts,  we  think  that  the  legislature 
adopted  the  more  judicious  course,  in  confining  our  duties 
to  the  collection,  revision,  amendment,  and  systematic 
arrangement  of  the  penal  statutes."^  Whether  there  was 
any  friction  on  the  question  of  a  full  codification  while 
Judge  Lewis  was  on  the  committee  or  not  cannot  be  de- 
termined apparently,  but  this  reference  of  the  committee 
and  the  ex-Chief-Justice's  remarks  about  "ancient  statutes 
and  usages"  might  suggest  that  there  was  some  such 
question  and  that  he  himself  was  against  codification.  As 
the  commission  finally  took  the  same  ground  the  aim  of 
the  ex-Chief  Justice,  in  that  respect  at  least  was  secured, 
and,  indeed,  it  may  have  been  that  the  whole  commission 
had  resisted  outside  pressure  for  codification. 

During  the  spring  and  summer  following  (1859)  ^^^  ^^'^^ 
at  last  giving  himself  up  to  the  joys  of  retirement.  Judge 
Lewis  had  often  been  in  the  habit  of  wooing  the  Muse, 
as  his  father  did  before  him,  and  verse  over  his  name  had 
appeared  in  Godcy's,  the  Home  Journal  and  other  papers 
and  periodicals  from  time  to  time.  One  of  these,  written 
on  May  9th  of  this  year,  while  he  was  visiting  a  friend's 
new  country  seat  on  Long  Island,  appeared  in  the  Century 
of  New  York  on  July  9th  and  is  a  good  example  of  his 
poems.  The  new  country  seat  was  built  in  a  forest  in  which 
the  pine  predominated,  suggesting  to  the  Judge  that  the 
name  should  be  Pinchouic.  This  was  adopted  and  the  next 
morning  on  his  departure  he  handed  his  hostess  the  fol- 
lowing species  of  enlarged  "Tannctibaunj'': 

"PiNEHOME 

"The  inmates  of  the  new-built  hall 
Debated  of  the  name 
The   Pines   o'er-hearcl,   and   one   and   all 
Did  thus  prefer  their  claim  : 

'  Report  on  the  Penal  Code,   i860,  second  paragraph. 


244  ELLIS  LEWIS 

"  'We've  kept  this  spot,  through  sheen  and  gloom, 
By  long  possession  right ; 
But  we  have  freely  yielded  room 
To  lix  thy  dwelling  site. 

"  'We've  given  thee  joists,  and  beams  and  floors. 
And  rafters  strong  and  true ; 
We've  yielded  frames  and  trusty  doors. 
And  furnished  columns  too. 

"  'We've  filled  thy  house  with  useful  ware ; 
We  give  thee  light  and  heat ; 
And  it  has  been  our  constant  care 
To  bless  thy  lovely  seat. 

"  'The  oak,  the  beach,  the  chestnut  tall, 
The   apple,  peach   and   pear 
In   summer,   spring  and   teeming   fall 
As    summer   friends,   are   fair. 

"  'But  foliage,  fruit  and  fragrant  bloom. 
Like  summer  friends,  depart. 
And  leave  thee,  in  the  winter's  gloom, 
With  sad  and  lonely  heart. 

" '  'Tis  then  the  constant  Pines  are  seen. 
In  faithfulness   and   truth ; 
They  cheer  thee  with  their  foliage  green 
In   never-fading  youth. 

"  'When  skies  are  dark  and  winters  drive 
The  snow  and  wind  and  hail, 
The  Pines  their  friendly  greeting  give 
A  whisper  "all  is  well." 

"  'Fear  not !    Our  strength  has  stood  the  storm 
For  more  than  fifty  years ; 
We'll  break  the  blast  that  threatens  harm : 
Dismiss  all  idle  fears. 

"  'If  lightnings  come  too  near  thy  walls. 
We'll  guard  thy  home  with  care; 
Our  limbs  and  spears  shall  from  thy  halls 
Conduct  the   dangerous  fire. 

"  'Then  let  us  thy  Penates  be ! 

Instead  of  transient  bloom. 
We  give  perennial  constancy 

To  thee  and  thy  Pinehome.' 

"The  Pines  then  ceased — the  touching  word 
(Repeated  by  the  guest) 
Was  chosen  with  the  full  accord 
Of  every  grateful  breast." ' 

^  Chief  Justice  Lewis'  daughter,  Mr?.  Juliet  H.  L.  Campbell,  wife  of  Hon. 
James  H.  Campbell,  an  able  lawyer  and  sometime  member  of  Congress,  was  so 
well  known  as  a  writer  and  especially  for  her  poetry,  that  the  collections  of 
Griswold,  Read  and  Miss  May  enrolled  her  in  the  list  of  "The  Female  Poets  of 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  245 

The  fierce  campaign  of  i860  caused  him  great  anxiety, 
but  it  did  not  draw  him  from  retirement.  The  November 
election,  in  which  the  RepubHcans  had  elected  Lincoln 
of  Illinois  as  President,  precipitated  the  rumbling  storm  in 
the  South.  The  threats  of  disunion  made  so  long  by  the 
Abolitionists  and  their  avowed  contempt  for  a  Constitution 
which  upheld  slavery,  had  at  last  been  met  by  the  extremist 
slaveholders  with  threats  to  themselves  break  that  Consti- 
tution should  the  Abolitionists  win  the  contest.  There 
were  evidences  by  early  December  that  they  were  making 
preparations  to  make  good  their  threats.  It  was  rumored, 
too,  that  Chief  Justice  Taney,  then  at  the  advanced  age 
cf  eighty-three  years,  was  to  retire  from  his  important  post, 
but  denied  by  the  Chief  Justice  himself.  Judge  Lewis 
did  not  agree  with  President  Buchanan's  ideas  in  some 
respects,  and  on  December  8th  he  sat  down  in  his  West 
Penn  Square  library  and  wrote  the  following  letter  con- 
gratulating the  aged  jurist  and  expressing  his  opinion  of 
the  President's  course. 

"I  have  often  wished,"  said  he  after  a  paragraph  of  ref- 
erence to  a  private  matter,  "that  the  condition  of  the  coun- 
try' was  such  as  to  enable  you  to  retire  from  the  very 
arduous  duties  of  your  high  station.  I  have  taken  so  much 
comfort  and  enjoyed  so  much  health,  since  I  retired  from 
the  Chief  Justiceship  of  Pennsylvania,  that  I  could  not  help 
wishing  you  the  same  blessings.  But  I  am  greatly  rejoiced 
to  learn  that  you  feel  your  obligations  to  the  country,  in 
her  present  unhappy  condition,  above  the  claims  of  per- 
sonal comfort.  It  is  very  clear  to  my  mind  that  your 
retirement,  at  this  time,  would  be  dangerous;  and  might 
furnish  grounds  for  comment  which  your  best  friends 
would  not  desire  to  hear.  I  do  not  understand  the  Presi- 
dent, when  he  treats  of  Executive  duties,  in  executing  the 
laws.  It  is  not  the  doctrine  of  "The  Proclamation,"  as  I 
understand  it;  and  I  do  not  see  any  reason  why  the  revenue 

America."  In  1857  her  "Eros  and  Anteros;  or.  The  Bachelor's  Ward,  by 
Judith  Canute,"  was  issued.  Mrs.  Campbell,  who  was  born  August  5,  1823, 
died  December  26,  1898.  She  was  the  Chief  Justice's  eldest  child.  His  second 
child,  Elizabeth,  died  in  infancy.  Ellis,  his  third,  was  born  March  g,  1830, 
but  died  before  reaching  his  majority.  James,  born  June  2,  1832,  now  deceased, 
became  a  Major  in  the  United  States  Marine  Corps,  and  his  sister,  Ann.  who 
was  born  March  19,  1835,  and  died  March  8,  1893,  m.irried  Captain  James 
Wiley,  also  of  that  branch  of  the  military  service.  Aside  from  an  infant  son, 
deceased,  the  Chief  Justice's  only  other  child,  and  the  only  one  now  living, 
is  Miss  Josephine  Lewis,  of  Philadelphia.  Captain  Wiley's  home  at  one  time 
was  "Hardwicke,"  near  Lancaster,  the  country  seat  built  in  early  days  by  the 
distinguished  editor  of  Smith's  Laws,  Judge  Charles  Smith. 


246  ELLIS  LEWIS 

should  be  collected  by  force,  if  the  judiciary  and  the  other 
branches  of  national  government  are  not  to  be  supported  by 
the  same  means.  There  may  be  many  considerations  of 
expediency  in  the  present  crisis,  but  there  should  never  be 
any  hesitation  to  maintain  the  doctrine  that  the  federal 
government  has,  like  all  other  governments,  the  means  of 
self-preservation. 

"The  unnecessary  promulgation  by  Judge  Story  of  the 
doctrine  that  the  states  had  no  right  to  legislate  ever  in 
favor  of  fulfilling  their  constitutional  obligations  to  'deliver 
up'  fugitives  from  servitude,  has  produced  the  most  of  the 
mischief  which  now  afflicts  the  country,  and  endangers  the 
Union.  When  he  delivered  his  opinion,  he  gained  some 
northern  judges  over  to  his  doctrines  by  the  argument 
that  to  make  the  constitutional  clause  effectual  it  should  be 
construed  to  be  exclusive  of  state  authority.  i6  Pet.  624. 
But  his  son  tells  us,  in  the  Life  of  Judge  Story,  2  vol.  392, 
that  the  Judge,  when  he  returned  to  Boston,  spoke  of  that 
doctrine  thus  announced  as 'a  great  point  gained  for  liberty;' 
so  great  a  point  indeed  that,  on  his  return  from  Washington 
he  repeatedly  and  earnestly  spoke  of  it  to  his  family  and 
his  intimate  friends,  as  being  'a  triumph  of  freedom'  P. 
392.  The  son  explains  what  was  meant  by  'a  triumph  of 
freedom"  in  this  connection  when  he  adds  that  it  was  'a 
triumph  of  freedom'  because  it  promised  practically  to 
nullify  the  act  of  Congress,  it  being  generally  supposed  to  be 
impracticable  to  return  fugitive  slaves  in  the  free  states, 
except  with  the  aid  of  state  legislation  and  state  authority. 

P-  393- 

"It  was  this  unfortunate  opinion,"  Judge  Lewis  con- 
tinues, "which  induced  the  northern  states  to  repeal  their 
state  legislation  in  favor  of  surrendering  fugitives  from 
labor,  and  to  enact  laws  prohibiting  the  use  of  their  gaols, 
and  the  action  of  state  ofBcers,  in  aid  of  such  surrenders. 
I  rejoice  that  in  my  work  on  the  Criminal  Law  of  the 
United  States,  ps.  24,  25,  26;  in  my  judicial  opinions;  and  in 
my  action  everywhere,  I  have  always  repudiated  that  part 
of  Judge  Story's  doctrine  as  unsound  and  not  arising  in  the 
case.  And  I  rejoice  that  my  views  have  been  confirmed, 
on  this  last  point,  by  the  unanimous  judgment  of  the  court 
over  which  you  preside,  in  the  recent  case  of  Moore  v.  the 
People  of  Illinois,  14  Howard,  20-21. 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  247 

"With  great  respect  and  the  most  sincere  veneration 
and  regard,  I  remain  your  attached  friend,  ElHs  Lewis."^ 

A  week  later  and  but  five  days  before  South  Carohna 
seceded,  Judge  Lewis  had  occasion  to  state  his  ideas  of 
pubhc  affairs  in  a  letter  to  an  intelligent  and  well  informed 
niece  of  his  who  had  requested  it.  "You  ask  my  views  on 
the  condition  of  tlie  Union,"  he  said.  "The  Northern 
States,  in  their  official  capacity,  and  the  people  of  those 
States,  as  individuals,  preachers  and  lecturers,  have  been 
guilty  of  the  great  national  sin  of  breaking  their  Covenant 
with  their  Southern  brethren  on  the  slave  question.  The 
territories  acquired  by  the  blood  and  treasure  of  all  the 
States  are  owned  by  all.  The  Southern  slaveholder  has  as 
good  a  right  to  settle  in  such  territory,  with  his  slaves,  as 
the  northern  man  with  his  horses,  cows  and  sheep.  Tlie 
obligation  to  surrender  a  fugitive  slave  is  as  strong  as  that 
which  requires  the  return  of  any  other  stolen  property. 
These  rights  have  been  disregarded  in  the  northern  states, 
notwithstanding  that  they  have  been  guaranteed  by  a  Con- 
stitution and  oaths  to  support  it.  It  is  these  violaions  of 
the  Constitution  on  the  part  of  the  free  states,  that  has  pro- 
duced the  present  peril.  The  remedy  is  a  simple  one: 
Let  the  President  [Buchanan]  fill  the  vacancy  in  the  U.  S. 
offices  in  South  Carolina,  and  then  send  the  army,  the  navy 
and  the  militia  of  all  the  States,  if  necessary,  to  support  the 
new  officers  and  execute  the  United  States  laws,  until  the 
free  states  have  a  reasonable  time  to  pass  the  necessary  lazvs 
in  fulfillment  of  their  Constitutional  obligations.  If  they 
refuse  to  do  this  within  the  proper  time,  let  Congress  at  once 
acknowledge  the  independence  of  S.  Carolina  and  all  Southern 
States  desiring  to  go  out  of  the  Union.  Or,  perhaps,  it  w'd 
be  the  better  course  to  turn  out  of  the  Union  those  puritanical 
[crossed  out]-  States  who  refuse  to  regard  the  Constitu- 
tion of  the  U.  S. 

"I  have  given  you  the  remedy"  he  adds  " but  it  will 

not  be  adopted,  and  as  I  see  no  other  adequate  remedy,  I 
think  that  the  days  of  this  glorious  Union  arc  numbered. 
Nothing  but  Providence  can  save  it,  and  our  great  national 

'  Dated  December  8,  i860.     Lewis  Papers. 

^  The  crossiriR  out  is  not  so  thorough  but  that  the  word  "villians"  can  be 
deciphered,   but  his  judicial   spirit  overruled   it. 


248  ELLIS  LEWIS 

sins  are  so  many  and  serious  that  we  can  expect  nothing 
but  that  the  judgment  of  Heaven  will  be  against  us. 

"Yours  affectionately 

"Ellis  Lewis."^ 

His  anxiety  at  this  time  was  very  great,  so  that  four 
days  later  than  the  above,  namely,  on  December  19th,  the 
day  before  South  Carolina  announced  her  secession,  the  ex- 
Chief  Justice  wrote  a  letter  to  the  newly  appointed  suc- 
cessor of  Jeremiah  Black  to  the  ofilice  of  Attorney-General 
of  the  United  States,  Edwin  M.  Stanton  — then  of  Buchan- 
an's cabinet — who  was  an  old  friend  at  the  Pittsburgh 
bar.  Few  letters  reveal  the  chaotic  condition  of  this  date 
more  than  such  a  letter  from  and  to  such  men  as  the  names 
super — and  subscribed  in  this  epistle.  "I  do  not  write  to 
congratulate  you  on  your  appointment  to  the  office  of  At- 
torney General,"  said  Judge  Lewis,  "but  to  say  that  I  most 
sincerely  congratulate  the  country  in  being  able  to  receive 
the  services  of  a  gentleman  so  able  and  so  upright  as  your- 
self. It  is  the  misfortune  of  men  elevated  to  high  places 
that  they  are  scarcely  even  able  to  get  at  the  truth  as  re- 
gards the  facts,  or  to  get  disinterested  and  independent 
advice,  when  they  desire  to  obtain  the  calm  judgment  of 
wise  men.  Office  hunters  and  ofifice  holders  think  of  the 
fate  of  poor  Gil  Bias  when  he  ventured  to  speak  his  honest 
opinion  of  the  production  of  his  master.  I  believe  that  in 
you  the  President,  when  he  shall  desire  it,  will  receive  sound 
and  fearless  advice. 

"In  the  present  alarming  state  of  the  country  there  is 
great  uneasiness  at  the  contemplation  of  the  forts  and 
arsenal  in  and  about  Charleston.  If  Major  Anderson  and 
his  men  should  be  slaughtered  there  will  be  a  fearful  ac- 
count to  be  rendered  to  the  American  people.  The  Presi- 
dent ought  to  have  the  strongest  assurances  that  re- 
inforcements are  unnecessary,  in  order  to  justify  himself  in 
leaving  the  public  property,  and  that  property  consisting 
of  the  means  of  national  defense,  in  its  present  unprotected 
condition. 

"It  may  be  very  sound  law,"  he  continues,  "to  hold  that 
unless  the  U.  S.  offices  are  filled  in  South  Carolina,  the  con- 
tingency for  the  application  of  the  military  and  naval  power 
of  the  Nation  to  sustain  them  in  executing  the  law,  cannot 

•  Letter  to  Miss  Mary  J.  Lewis,  Philadelphia,  dated  December  15,  i860, 
and  still  in  her  possession. 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  249 

arise.  But  the  responsibility  of  leaving  these  offices 
vacant,  and  thus  excusing  the  omission  to  execute  the  law, 
is  a  fearful  one,  for  which  I  hope  that  the  President  may 
hereafter  be  able  to  show  good  reasons.  If  a  burglar 
threatens  to  invade  my  house  I  would  certainly  prepare  to 
repel  the  aggressor,  even  if  my  preparations  did  cause  me 
to  get  into  a  little  excitement.  I  wish  that  the  President 
had  energetically  executed  the  laws  of  the  Union,  and 
strengthened  the  Nation's  arm  in  South  Carolina  until  the 
Northern  States  had  a  reasonable  time  to  come  up  to  their 
Constitutional  duties,  in  regard  to  Southern  rights.  If  the 
Northern  and  eastern  States  are  too  conscientious  to  be 
honest  in  maintaining  their  own  part  of  the  Constitution, 
then  let  the  independence  of  the  Southern  States  be  at  once 
acknowledged.  The  fugitive  slave  law  ought  to  be  fairly 
executed.  All  state  legislation  against  it  ought  to  be  re- 
pealed. Nay,  more;  the  states  have  something  more  than 
a  passive  duty  in  regards  to  the  surrender  of  fugitive  slaves 
— they  are  under  obligation  to  aid  in  the  act  of  delivery. 
Prigg's  case  has  a  dictum  to  the  contrary,  but  Moore's  case 
repudiates  that  dictum. 

"As  to  the  territories,"  he  continues,  "the  slave-holding 
states  have  as  good  a  right  there  as  the  non-slave-holding 
states;  and  if  they  have  rights  it  is  very  clear  that  their 
rights  ought  to  be  protected  by  law. 

"I  write  this  in  kindness,  and  not  in  any  spirit  of  fault- 
finding, I  have  been  the  friend  of  the  President  in  most  of 
his  measures.  Personally  I  would  do  anything  to  save  him 
from  harm.  If  you  can  aid  him  in  steering  the  National 
ship  through  the  troubled  waters,  I  know  that  you  will  do 
so  independently  and  in  good  faith.  Office  cannot  elevate 
your  high  standing,  and  the  loss  of  it  can  do  no  harm.  God 
bless  you  my  dear  friend.  Yours  truly, 

"Ellis  Lewis. "^ 

Mr.  Buchanan's  reasons  for  his  course  are  well-known 
to  all  readers  of  his  life  by  Mr.  George  Ticknor  Curtis,  and 
Mr,  Stanton's  attitude  at  this  time  is  happily  expressed  in 
his  reply  to  ex-Chicf  Justice  Lewis  two  days  later,  i.  e.,  the 
21  St,  from  Washington.  "On  my  arrival  home  this  morn- 
ing after  ten  days  absence  at  Cincinnati,  I  found  your  favor 
of  the  19th.    The  kind  expressions  of  your  regard  and  con- 

*  Copy.     Lewis  Papers. 


250  ELLIS  LEWIS 

fidence  penetrates  nie  with  a  deep  feeling  of  gratitude.  To 
have  the  confidence  and  regard  of  men  Hke  yourself  has 
been  the  struggle  and  earnest  desire  of  my  life  and  the 
appearance  of  having  acquired  it  is  the  highest  reward  that 
can  be  attained. 

"To  the  events  of  the  last  ten  days,"  he  continues,  "I 
have  been  a  stranger  except  so  far  as  they  appear  in  the 
public  prints.  I  have  not  yet  entered  upon  the  duties  as- 
signed me  by  the  appointment  of  the  President  and  nothing 
but  the  sad  condition  of  public  affairs  could  induce  me  to 
enter  the  office.  The  views  you  express  correspond  with 
my  own  judgment  so  far  as  I  am  advised  upon  the  subject, 
and  my  aim  will  be  to  carry  them  out  in  such  manner  as 
shall  preserve  the  Government. 

"Your  advice  and  counsel  will  always  be  highly  accept- 
able to  me,  for  there  is  no  one  in  whose  sagacious  wisdom 
and  sound  patriotism  I  have  more  confidence.  Since  my 
return  I  have  not  had  any  interview  with  any  one  of  the 
officers  of  Government  and  am  therefore  quite  ignorant  of 
the  real  state  of  affairs  and  the  proposed  policy  except  so 
far  as  they  are  disclosed  in  the  public  prints. 

"I  hope,"  he  adds  in  closing,  "you  will  favor  me  with 
your  confidence  and  views  on  the  subjects  now  so  deeply 
interesting  to  every  American  citizen  and  fraught  with  the 
destiny  of  our  nation  and  a  race.  By  God's  help  every 
effort  of  mine  will  be  directed  to  the  firmi  and  faithful  dis- 
charge of  such  duties  as  may  devolve  upon  me,  and  with 
the  aid  of  counsel  from  wise  men  like  yourself,  and  the 
Divine  helping,  I  still  feel  strong  hope  that  the  impending 
dangers  may  be  passed  in  peace  and  safety. 

"With  sincere  regard  and  a  grateful  sense  of  your  kind- 
ness, I  remain.  Truly  yours, 

"Edwin  M.  Stanton."^ 

Scarcely  had  Mr.  Stanton's  letter  been  received  when 
Chief  Justice  Taney,  after  a  delay  due  to  pressure  of  duties 
and  ill-health,  found  time  on  Christmas  eve  to  reply  to 
Judge  Lewis'  letter  of  the  8th  instant  above  mentioned. 
"As  regards  public  affairs,"  he  writes,  after  an  opening 
paragraph  on  a  private  matter,  "they  are  as  you  say  full 
of  gloom — which  every  day  becomes  darker  and  darker — . 
It  is  impossible  to  foresee  to  what  they  may  lead — and  I 

^  Lewis   Papers. 


Chief   Justice    Roger    I!.    'rANF.v 
From  a  card  photograph  in  the  Lewis    Material, 
possession    of   the    Pennsylvania    Bar    Association,    Philadelphia 


HIS  COUNSELS  ON  PUBLIC  AFFAIRS  251 

do  not  venture  to  form  an  opinion  as  to  the  probable  re- 
sult. End  as  they  may  we  are  to  pass  through  a  season 
of  great  suffering  and  danger.  You  are  right  in  supposing 
that  at  such  a  time  1  should  not  think  of  resigning  my  place 
on  the  Bench  of  the  Supreme  Court.  I  am  sensible  that  it 
would  at  this  moment  be  highly  injurious  to  the  public — 
and  subject  me  to  suspicion  of  acting  from  unworthy 
motives.  How  the  report  got  into  the  newspapers  I  do  not 
know.  It  was  a  pure  invention,  for  I  had  never  said  a  word 
like  it — and  it  has  just  as  little  foundation  in  truth,  as  the 
opinions  on  public  affairs,  which  from  time  to  time  I  see 
imputed  to  me  in  the  newspapers — and  which  I  never 
entertained  and  never  uttered. 

"I  have  always  thought,"  he  continues,  "that  the  de- 
cision in  the  case  of  Prigg  vs.  the  Commonwealth  of  Penn- 
sylvania, an  vmfortunate  one  and  not  sufficiently  considered 
by  the  court — and  I  am  persuaded  that  some  of  the  Judges 
who  formed  the  majority  did  not  view  the  case  in  the  same 
light,  with  Judge  Story — nor  intend  to  accomplish  such  an 
object.  It  certainly  gave  an  impulse  to  the  abolition  feel- 
ing in  the  non-slave-holding  States  and  perhaps  laid  the 
foundation  for  all  the  mischief  which  has  since  followed. 
The  decision  I  still  think,  was  an  erroneous  one — and  con- 
trary to  the  plain  words  of  the  Constitution. 

"To  morrow,"  he  adds  in  closing,  "is  Christmas  day — 
and  allow  me  according  to  our  old  Marvdand  custom  to 
Vvish  you  and  yours  a  happy  one — and  many  happy  returns 
of  the  season. 

"With  great  respect  and  regard 
"I  am  Dr.  Sir  your 
"friend  and  Servt. 

"R.  B.  Taney."^ 

'  Lewis  Papers.  On  February  is,  1861,  scarcely  two  months  later  than 
the  Tanney  letter,  Judge  Lewis'  inclosed  to  Mr.  Buchanan  a  copy  of  young 
Story's  remarks  on  his  father's  views  of  the  Prigg  case,  and  reiterating  that 
"that  decision  has  been  the  chief  cause  of  most  of  our  present  difficulties 
with   the   Southern   States." 


CHAPTER  XV 
His  Closing  Years  and  His  Death  in  1871 

The  eventful  year  of  1861  found  Judge  Lewis  a  man 
old  beyond  his  years.  He  had  begun  to  show  it  for  some 
time  past.  His  work  had  always  been  at  a  high  pressure 
such  as  few  men  care  to  allow  and  such  as  still  fewer  men 
can  endure.  It  is  said  that  on  more  than  one  occasion  when 
he  desired  especially  that  the  pressing  work  in  hand  might 
be  finished  at  a  given  time,  he  had  worked  late  into  the 
morning  hours,  and  when  nature  refused  to  keep  the  gait 
he  had  set  and  drowsiness  delayed,  he  would  take  a  cold 
plunge  bath  to  rouse  his  jaded  powers,  return  to  his  desk 
and  work  till  morning.^  And  nature  debited  these  over- 
drawings  with  lowered  vitality.  Even  in  1856,  when  not  yet 
threescore  years  of  age  he  showed  it  overmuch.  During 
the  spring  of  that  year,  while  in  Washington,  visiting  his 
daughter,  the  wife  of  Congressman  Campbell,  he  attended 
President  Buchanan's  reception.  "Note  the  elderly  gentle- 
man," said  a  writer  describing  that  functon  in  the  Washing- 
ton Spectator,  "conversing  with  Mr.  C.  of  Georgia.  He 
is  a  good  deal  wrinkled,  for  however  noiseless  the  tread  of 
the  grey-beard,  his  foot-steps  are  always  discernible.  He 
has  the  sort  of  face  you  w^ould  instinctively  trust.  Looking 
at  it  you  would  put  your  whole  worldly  estate — your  char- 
acter— into  his  hands  and  feel  that  all  were  in  safe  keeping. 
Yes,  dear  reader,  there  is  goodness  in  that  face;  as  to  di- 
trusting  him,  or  his  advice,  we  should  almost  as  soon  think 
of  distrusting  the  Bible.  This  gentleman,  so  distinguished 
for  simplicity  of  character  and  warmth  of  heart,  is  Judge 
Lewis,  Chief  Justice  of  the  Supreme  Court  of  Pennsyl- 
vania."^ 

In  April,  immediately  after  the  fall  of  Fort  Sumter,  the 
Bar  of  Philadelphia  held  a  meeting  to  raise  funds  to  pro- 
vide for  the  families  of  volunteers  going  to  the  front,  and 

'  Related  to  the  author  by  Miss  Mary  J.  Lewis,  of  Philadelphia,  a  niece  of 
the   Chief  Justice. 

*  The  Spectator,  Washington,   D.   C,  of  April  s>   1856- 

252 


HIS  CLOSING  YEARS  253 

Judge  Lewis  immediately  sent  his  check  for  one  hundred 
dollars.  As  the  year  passed  his  health  was  such  that  it  was 
determined  that  he  should  take  the  long-  delayed  European 
tour,  and  in  1862  he  did  so.  His  itinerary  included  Great 
Britain,  France,  Germany  and  Italy.  But  little  is  known  of 
the  journey,  except  that  when  he  reached  Genoa  and  saw 
the  birthplace  of  Columbus,  before  which  was  a  new  un- 
veiled statue  of  the  discoverer,  he  grew  reminiscent  of  the 
home-land  and  was  led  to  write  a  letter  to  the  old  printer- 
publisher  friend  of  his  youth.  General  George  P.  Morris, 
who,  with  Nathaniel  P.  Willis,  had  made  the  Home  Journal 
so  well  known.  The  letter,  dated  Hotel  Teder,  Genoa, 
September  3d,  1862,  was  published  by  Morris.  "In  passing 
up  the  channel  between  Ireland  and  Wales,"  to  quote  but 
one  or  two  extracts,  "I  saw  Anglesea  Island,  and  was  of 
course  reminded  of  the  last  great  struggle  which  the  Druids 
made  to  preserve  their  liberties,  their  history,  their  religiorr 
and  their  learning.  That  their  learning  surpassed  that 
generally  existing  on  the  continent  is  evident  from  the  fact 
admitted  by  Caesar  himself  in  his  w-ritings,  that  the  young 
men  of  Gaul  were  sent  to  Britain  to  be  educated. 
But  all  the  learning  and  the  history  of  the  Druids  perished 
at  Anglesea  Island  under  the  brute  force  of  the  Roman 
barbarians." 

"I  have  seen  so  many  things  in  this  Old  World,"  he 
adds,  "which  bring  up  a  rushing  crowd  of  memories  of 
things  read  of  in  youth,  that  it  would  take  a  quire  to  tell 
you  half  of  them."  He  was  much  impressed  with  relics  of 
Charlemagne  at  Aix-la-Chapelle:  "I  saw  some  of  the 
bones  of  the  great  Monarch.  I  sat  upon  his  marble  throne, 
held  his  sceptre  in  my  hand,  and  his  golden  crown  was 
placed  over  my  head;  but  although  my  head  is  above  the 
average  size,  the  crown  descended  very  readily  to  my 
shoulders.  This,  and  the  paintings  and  statues  of  the 
emperor,  show  that  he  was  a  man  of  gigantic  proportions." 
Lake  Como  seemed  to  afford  him  great  delight,  and  he  de- 
votes much  space  to  it.  "My  health  has  improved  very 
much,"  he  adds  in  closing.  "Let  any  man  try  travelling — 
on  foot,  on  mules,  over  mountains,  seas  of  ice,  saying  noth- 
ing of  crossing  the  ocean — and  I  believe,  if  he  survives, 
his  health  will  be  improved."^ 

'  Lewis  Papers. 


254  ELLIS  LEWIS 

On  his  return  his  days  were  passed  in  the  quietness 
appropriate  to  the  Indian  summer  of  one's  years.  With 
the  prospective  changes  about  Penn  Square,  on  whose  site 
was  to  rise  the  great  pile  now  known  as  the  Pubhc  Build- 
ings or  City  Hall,  originally  designed  to  be  the  centre  of 
Penn's  city;  and  the  site  of  his  West  Penn  Square  home  on 
which  was  to  rise  the  great  terminal  of  the  Pennsylvania 
Railroad,  both  of  which  were  destined  to  make  that  centre 
a  reality,  Judge  Lewis  sought  a  new  home  farther  out  at 
No.  302,  South  Fortieth  Street;  where  he  passed  his  re- 
maining years. 

It  was  while  here,  late  in  August,  1863,  that  ex-Presi- 
dent Buchanan  wrote  him  from  "Wheatland":  "'Should 
auld  acquaintance  be  forgot'!  I  very  much  desire  to  see 
you  and  think  that  in  this  hot  season,  you  might  pass  a 
few  days  agreeably  at  Wheatland.  You  shall  receive  a 
most  cordial  welcome.  Besides,  I  desire  to  consult  you  on 
some  matters  important  to  myself  and  probably  tO'  the 
public."  The  ex-Chief  Justice  accepted  the  invitation,  but 
something  now  unknown,  possibly,  ill-health,  prevented 
the  visit.^  Late  the  following  spring — or  early  in  June, 
1864 — he  extended  the  invitation  of  the  Saturday  Evening 
Club  of  Philadelphia  to  the  ex-President  to  be  their  guest 
at  their  next  meeting.  The  reply  of  Mr.  Buchanan  was 
rather  interesting.  "I  regret  that  I  cannot  be  with  you," 
he  wrote,  after  acknowledging  the  invitation.  "Age  loves 
home  and  this  feeling  has  grown  upon  me  so  much  that  I 
doubt  whether  I  shall  even  visit  the  Bedford  Springs  during 
this  season.  When  I  gave  you  a  pressing  invitation 
to  visit  me  last  fall,  this  was  partly  selfish.  I  desired  to 
consult  you  respecting  certain  portions  of  my  Record.  I 
had  to  prepare  it  without  assistance.  Two  members  of  my 
cabinet  are  with  the  Rebels,  three  with  the  Republicans, 
Holt,  Stanton  and  Dix.  Black  so  engaged  in  making 
money,  and  I  am  glad  successfully,  that  he  could  not  spare 
the  time,  and  Toucey,  'the  noblest  Roman  of  them  all,'  at 
such  a  distance  and  he  and  his  wife  suffering  from  feeble 
health,  that  I  made  no  requisition  upon  him.  Under  these 
circumstances  I  wrote  to  you  not  only  from  a  sincere  desire 
to  see  you,  but  from  a  wish  to  consult  you  about  diverse 
legal  matters:   but  I  think  the  record  will  do  as  it  stands. 

*  Letters   of  August  22d  and   28th,   1863,   among  the   Lewis   Papers. 


Chief  Jistice    Kllis    Lewis 
about    1865 
From  a  i)!iotograi>h  miniature  by   I'rancis   lirown. 
in  possession   of   Miss  Josepliinc   Lewis,    I'liiladelpliia 


HIS  CLOSING  YEARS  255 

I  would  not,  if  I  could  roll  back  the  tide  of  time,  change  a 
single  fact  on  which  it  is  founded."* 

These  years  were  not  eventful  ones  to  the  venerable  ex- 
Chief  Justice.  He  was  unconnected  with  the  great  national 
convulsion.  Probably  it  seemed  to  him  as  he  expressed  it 
in  verse,  under  the  title  of  Time  and  the  Acorn,  published  in 
the  Home  Journal  in  1858.  It  was  a  dream  of  history  and 
the  progress  of  F"ather  Time  and  his  scythe 

"And  his  wings,  like  an  eagle's,  as  upward  it  flies, 
In  its  course  tlirougli  the  air  to  its  home  in  the  skies, 
Keep  their  flight,  till  the  young,  like  the  old,  become  grey, 
And  proud  nations  arise,  and  then  sink  in  decay. 
And  the  period  was  filled  with  their  crimes  and  their  jars. 
With  the  floods  and  the  fires,  and  the  wrecks  and  the  wars. 
That  are  brought  upon  man  by  his  wicked  career, 
In  the  justice  that  Heaven  administers  here." 

And  further  on  he  says: 

"All   the  deeds  of  this   life  leave  results   that  abide, 
When  the  actions  themselves  float  away  in  the  tide ; 
Be  they  base,  be  they  great,  be  they  simple  or  wise. 
They  leave  marks  which  defy  even  Time  as  he  flies." 

His  philosophy  of  life,  which  stood  as  his  bulwark  for 
at  least  the  latter  half  of  his  career,  was  probably  not  better 
expressed  by  him  anywhere  than  in  some  blank  verse 
published  in  Godey's  Lady's  Book  many  years  before  and 
republished  at  the  beginning  of  the  Civil  War.  It  was 
entitled 

"PROPERTY,  FAME,  LOVE.  RELIGION. 

"Wh.'vt  is  Property? 

'Tis  a  barque  full  freiglited  with  the  ills  of  life. 
Possession  and   Pursuit  alike  afflict — 

"He  that  is  without  it  wastes  his  precious  years, 
Scheming  by  day,  and  dreaming  all  the  night 
Of  means  to  grasp  the  phantom. 
He  that  has  it,  has  a  world  of  care. 
To  save  it  from  destruction  and  from  man's  rapacity, 
From  claims  in  Chancery,  and  from  writs  at  law, 
From  fall  of  stocks,  and  frauds,  and  sad  default — 
Of  those  whose  agency  he  needs  must  trust ; 
All  anxious  to  secure  the  splendid  curse 
That  blights  the  peace  of  ail   its  votaries. 
Barings,  or  Rothschilds,  Astors  or  Girards, 
Whose  millions  and  whose  lives  of  constant  labor 
Are  paid  as  cheaply  as  the  slave  is  paid. 
With  food  and  raiment,  and,  when  dead,  a  grave ; 

'  Dated  June  24,  1864,  Wheatland.  Lewis  Papers.  The  "record"  here 
referred  to  was  the  "Autobiography"  afterwards  published. 


256  ELLIS  LEWIS 

With   this   posthumous   evil   superadded 
That  spendthrift  heirs   and  reckless  devises 
May  scatter  their  broad  earnings  to  the  winds, 
In  thoughtless  prodigality,  till  naught  be  left 
To  witness  that  such  men  have  lived  and  slaved 
And  died,  but  what  the  world  calls  Fame ! 

"And  What  is  Fame? 

"  'Tis  the  vibration  of  the  viol's  string, 
'Tis  but  the  echo  from  the  distant  hill, 
The  bare  reverberation  of  a  sound, — 
The  shadow,  not  the  substance  of  men's  deeds. 
The  deeds  once  over  and  the  substance  gone, 
The  echo  ceases,  and  the  shadow  goes. 
As  things  that  have  been  and  are  now  no  more. 
If  wealth  and  Fame  alike  shall  fail 
To  recompense  a  life's  long  struggle, 
What  else  shall  restless  men  pursue? 
An  inexperienced  and  confiding  youth 
In  the  warm  gush   of  early   feeling  cries : — 
That   Friendship's   balm   repays   its   cultivation, 
And  gives  a  lasting  solace  to  the  mind. 

"And  What  is  Friendship? 

"  'Tis  to  be  cradled  in  the  tall  tree  top 
In  summer's  sunshine;  with  o'er-hanging  branches 
Waved  by  gentle  zephyrs  to  and  fro, 
Spreading  their  shady  bowers  and  rustling  leaves. 
Like  many  thousand  slaves,  to  fan  the  air 
We  breathe,  and  give  it  healthful  circulation. 
But,  when  the  winter's  storm  approaches. 
The  zephyrs  leave  us  to  the  whirlwind's  rage, 
The  sycophantic  leaves  withdraw  their  shelter. 
The  branches  give  no  longer  their  support. 
But  yield  and  break  beneath  our  pressure 
Like  human  faith  when  most  we  need  its  stay. 
What  is  there  then  in  this  broad  world 
On  which  our  best  affections  can  repose? 
Some  gentle  maiden,  with  her  bright  black  eyes 
Dancing  with  joy,  amid  the  crimson  tide 
That  gathers  in  her  face,  as  first  she  owns 
The  deep  emotions  of  her  trusting  heart, 
Looks  archly  up  and  softly  answers  'Love !' 

"And  What  is  Love? 

"  'Tis  the  bright  sun  of  early  morn, 
Lending  his  radiance  to  the  dew-drop's  'round. 
As  freely  as  he  lights  the  stars  of  Heaven, 
And  touching  all  the  things  of  Earth 
With  Heavenly  rainbow  hues. 
But,  when  the  evening  comes, 
The  spangling  dew-drops  are  exhaled  and  gone. 
The  sun  descends  into  his  dusky  grave 
And  all  the  brightness  of  the  glittering  scene. 
Tint  after  tint  is  swept  from  view. 
With  naught  to  stay  the  gathering  gloom 
But  dim  reflections  from  the  Western  sky 


HIS  CLOSING  YEARS  257 

Of  light  now  passed  away 

The  fading  memories  of  our  early  loves 

Estrang'd,  or  hushed  in  death  ! 

What  then  shall  give  to  wearied  man 

The  solace  of  repose?     What  stay  his  soul 

In  the  dark  hour  of  sad  extremity? 

When  all  is  gone,  and  earthly  hopes  are  fled, 

When  all  the  cords  that  Love  has  twin'd  are  broken, 

When  Wealth  and  Fame  and  Friendship  prove  unreal, 

Religion  only  can  true  good  supply. 

"And  What's  Religion? 

"  'Tis  not  the  fiery  zeal  that  to  the  stake 
Condemns  a  brother  for  opinion's  sake ; 
'Tis  not  self-righteous  dogmas  dealt  around 
By  each  sectarian  bigot,  who  forgets. 
In  mystic  speculations.  Christian  love. 
And  all  the  rights  of  justice  and  true  charity. 
But  this  it  is; — to  fix  our  hopes  on  things  to  come, 
To  oflfer  up  to  God  our  heart's  devotion. 
Yielding  to  Him  our  all  confiding  faith ; 
To  love  our  neighbors  as  we  love  ourselves, 
And  bless  them  with  the  charities  of  life; 
Doing  to  others  as  we  would  that  they 
Should,  in  like  circumstances,  do  to  us. 
Unlike  the  Crescent  of  the  Musselman, 
Which  curves  to  suit  the  passions  of  mankind. 

And  fills  pure  Heaven  with  vile  lusts  of  Earth 

The  Christian's  Cross,  with  transverse  arms, 
Strong  emblem  of  united  Faith  and  Works, 
Points  first  to  Heaven — then  round  upon  our  brothers, 
In  blood  and  suffering  pleading  with  our  race 
To  crucify  the  passions  and  the  evil  thoughts 
That  incapacitate  the  soul  for  Heaven, 
Teaching,  in  silent  eloquence  to  all. 
Homage  to  God  and  deeds  of  love  to  man."  ^ 

His  days  passed  without  history.  Rarely  an  event  rip- 
pled their  smooth  flow.  Like  age  everywhere,  he  revelled 
in  memories — such,  for  example,  as  an  interesting  friend- 
ship with  Charles  Dickens,  when  he  made  the  journey  to 
the  United  States,  which  produced  the  American  Notes  in 
1842  and  Martin  Chiiadewit  a  little  later.  The  venerable 
jurist  sent  him  a  greeting,  with  reference  to  it,  in  January, 
1868,  when  the  novelist  was  again  in  New  York.  Replying 
to  it  on  18th  instant,  Mr.  Dickens  wrote:  "I  have  received 
your  kind  letter  with  sincere  interest  and  pleasure,  and  I 
beg  to  thank  you  for  it  cordially.  The  occasion  you  bring 
back  to  my  remembrance  is  as  fresh  and  vivid  as  though 
it  were  of  yesterday.     Accept  from  me  the  accumulated 

*  Judge  Lewis,  like  many  another  Quaker,  became  an  Episcopalian  and 
was  elected  one  of  the  oriRinal  Wardens  of  Christ  Church,  VVilliamsport,  at 
its   foundation,   on    February  8,    1841. 


2S8  ELLIS  LEWIS 

good  wishes  of  five  and  twenty  years,  and  believe  me,  Dr. 
Sir,  faithfully  yours, 

"Charles  Dickens." 

A  letter  a  year  later  from  George  W.  Childs,  who  was 
then  in  Paris,  is  similarly  suggestive.  "My  Dear  Judge 
Lewis,"  the  letter  began.  "On  the  day  of  my  leaving 
Philadelphia  your  very  kind  letter  was  placed  in  my  hands, 
and  I  have  many  a  time,  amid  my  wanderings  abroad, 
turned  my  thoughts  homeward,  and  have  felt  how  much  I 
was  indebted  to  you  for  the  very  great  service  you  did 
me.  It  will  always  be  one  of  the  most  agreeable  recollec- 
tions of  my  life,  and  I  expect  on  my  return  to  have  hand- 
somely printed  your  remarks  and  bind  them  up  with  the 
Ledger  book  in  fine  style,  and  present  copies  to  such 
friends  of  yours  as  you  may  designate.  I  will  include  our 
mutual  friend  McMichael's  remark  in  regard  to  yourself, 
etc."  Then  after  references  to  the  Judge's  trip  abroad 
and  his  own,  he  closed  with:  "I  return  with  a  higher  appre- 
ciation of  our  country  and  her  institutions,  and  feel  proud 
that  I  am  an  American.  What  a  future  we  have  before  us. 
It  is  estimated  that  we  will  have  one  hundred  millions  of 
people  in  1900.  What  then.  I  hope  your  health  has 
been  no  worse  this  winter,  which  I  understand  has  been 
mild.     With  high  esteem.  Very  truly  your  friend 

"Geo.  W.  Childs."^ 

Almost  exactly  two  years  later,  when  the  venerable 
jurist  had  passed  his  allotted  three-score-and-ten,  by  three 
years,  his  friend,  Childs,  had  occasion  to  chronicle  his  pass- 
ing: "It  is  with  great  regret  that  we  announce  the  decease 
of  Hon.  Ellis  Lewis,  formerly  Justice  and  Chief  Justice  of 
the  Supreme  Court  of  the  State  of  Pennsylvania.  He  had 
been  in  feeble  health  for  a  long  period,  but  was  able  to  go 
about  his  room  until  a  few  hours  before  his  death  on  last 
Sunday  afternoon  [March  19th,  1871].  On  that  day,  hav- 
ing expressed  his  readiness  for  the  great  change  from  mor- 
tality to  immortality,  he  said  quietly, 'I  believe  I  am  dying 
now,'  and  almost  immediately  afterwards  fell  back  and 
ceased  to  breathe.  Judge  Lewis  was  widely  and  justly  held 
in  high  esteem  by  his  fellow-citizens  throughout  the  State 

'  Lewis  Papers. 


HIS  CLOSING  YEARS  259 

of  Pennsylvania  as  a  learned  lawyer  and  jurist,  and  good 
man."^ 

On  Wednesday,  the  22d  instant,  a  meeting  of  the  Bar 
of  Piiiladelphia  was  held  at  noon  in  the  Supreme  Court 
room,  and,  said  the  Press,  "There  was  a  large  attendance 
of  attorneys,  especially  of  those  who  have  obtained  emi- 
nence in  the  profession;  and  the  meeting  was  a  fitting 
tribute  to  the  private  worth  and  professional  attainments 
of  the  deceased,  so  long  and  so  favorably  known  to  the 
members  of  the  Bar  of  Philadelphia,  both  as  a  jurist  and 
a  citizen."  On  motion  of  Judge  A.  V.  Parsons,  Chief 
Justice  Thompson  was  chosen  to  preside,  and  Colonel 
Snowden  and  Hon.  Henry  M.  Phillips  were  appointed  sec- 
retaries, "Death  has  taken  from  us  our  late  associate. 
Judge  Lewis,"  said  the  Chief  Justice.  "It  is  true  he  was 
full  of  years,  and  I  may  say,  full  of  honors,  but  the  loss  was 
none  the  less  severely  felt.  I  can  say  but  little  at  this  time. 
I  knew  him  long  and  well,  and  some  things  coming  into  my 

own  special  knowledge  I  will  refer  to.    Many  years 

ago  (in  1832)  on  a  cold  December  day,  I  met  him  first  at 
Harrisburg  as  a  member  of  the  Legislature,  prior  to  the 
amendment  to  the  Constitution.  The  friendship  com- 
menced then  was  only  cemented  by  time.  I  saw  him  the 
day  before  he  died.  Though  he  was  not  able  to  converse, 
his  countenance  lighted  up  when  he  saw  me.  He  was  cele- 
brated for  activity  of  mind,  great  reflective  power  and  fore- 
thought. I  have  never  known  a  more  thorough  capacity 
for  reflection  in  any  man  whom  I  ever  met.  His  reasoning 
was  always  sound,  and  his  perceptions  almost  as  quick  as 
lightning.  I  remember  the  time  Jackson's  proclamation 
against  nullification  was  brought  by  special  messengers  to 
Harrisburg.  It  was  read  amid  great  excitement,  and  in  the 
debate  that  followed  no  more  able  speech  was  made  than 
that  of  Judge  Lewis,  who  said,  if  the  acts  of  the  nullifiers 
'were  not  treason,  they  were  crimsoned  over  with  the  hues 
of  treason' — a  remark  which  had  a  wonderful  effect  at  the 
time.  Afterward  he  introduced  a  bill  for  the  abolition  of 
imprisonment  for  debt,  he  having  discovered  many  abuses 
by  an  actual  inspection  of  the  prisons.  He  did  it  at  a  time 
when  opposition  came  from  all  quarters,  and  the  ]:)assage 
of  the  act  became  one  of  the  shining  glories  of  his  life." 

'  A  sketch  followed. 


26o  ELLIS  LEWIS 

After  reference  to  other  events  of  his  life,  he  added:  "No 
critic  can  condemn  any  opinion  ever  delivered  by  him.  His 
head  was  clear,  his  heart  was  just, — two  elements  that 
should  be  inseparable  from  the  judge.  He  approached 
just  near  enough  to  genius  to  still  retain  the  power  of  com- 
mon sense,  which  was  characteristic  of  his  judicial 
decisions.  He  was  a  worthy,  genial,  kind  and  trusty 
friend." 

Judge  Parsons  followed,  with  all  the  warmth  of  early 
friendship:  "A  great  man  has  fallen.  It  is  no  discredit  to 
those  now  on  the  bench  to  say  that  Judge  Ellis  Lewis 
stood  pre-eminent  amongst  all  the  lights  of  the  Supreme 
Court,  and  his  decisions  are  a  monument  to  his  fame."  The 
first  case  he  had  ever  tried  was  in  connection  with  Judge 
Lewis,  whose  practice  in  the  northern  counties  was  very 
extensive.  The  Assembly  of  1832-3  was  a  remarkable 
body,  said  he,  "and  for  forty-six  years  there  has  been  no 
such  collection  of  talent  as  convened  on  that  occasion,  and 
Judge  Lewis  was  the  peer  of  any  one  upon  the  floor.  Few 
men  had  more  popularity;  he  was  popular  with  the  bench 
and  bar  because  of  his  ability,  and  with  the  people  because 
of  his  innate  love  of  justice.  He  was  a  powerful  advocate, 
formidable  in  the  examination  of  witnesses,  while  before  the 
jury  his  were  some  of  the  finest  speeches  ever  delivered." 
"He  was  the  friend  of  the  oppressed,"  he  continued;  "and 
in  the  struggles  in  Tioga,  Bradford  and  Lycoming  Coun- 
ties between  the  proprietors  of  land  and  the  oppressed  land 
holders,"  he  took  the  people's  side. 

Judge  Parsons  then  offered  the  following  resolutions, 
which  were  unanimously  adopted:  "Whereas,  at  the  ad- 
vanced age  of  nearly  seventy-three  years,  the  Hon.  Ellis 
IvCwis,  late  Chief  Justice  of  the  Supreme  Court  of  Penn- 
sylvania, a  gentleman  who  has  filled  many  prominent 
political,  official,  and  judicial  stations  in  this  Common- 
wealth with  great  efficiency,  fidelity,  as  well  as  with  singular 
satisfaction,  not  only  to  his  friends,  but  to  the  bar  and  the 
whole  people  of  this  great  Commonwealth ;  who  was  a  man 
of  unblemished  moral  reputation,  and  highly  esteemed  for 
his  constant  benevolence  to  the  distressed  and  afflicted, 
his  varied  social  qualities  as  well  as  his  uniform  Christian 
deportment,  died  at  his  residence  in  this  city,  on  the  19th 
instant,  full  of  vears  and  honors,  it  is  but  proper  that  the 


MIS  CLOSING  YEARS  261 

bar  of  Philadelphia,  a  place  where  he  has  resided  for  many 
years,  should,  in  a  public  meeting,  express  in  a  fitting 
manner  their  appreciation  of  his   excellence;  therefore, 

"Kcsoli'cd,  That  in  the  death  of  this  estimable  citizen, 
distinguished  lawyer,  and  upright  judge,  we  feel  the  loss 
of  a  gentleman  who  by  the  purity  of  his  judicial  life,  in 
the  administration  of  justice  in  the  various  tribunals  where 
he  has  been  called  to  preside,  and  the  profound  legal  learn 
ing  which  he  has  exhibited  in  all  those  various  stations, 
as  well  as  that  earnest  search  after  truth  and  justice  in  all 
the  numerous  causes  which  have  been  brought  before  him 
for  adjudication,  we  say  a  great  man  has  died. 

"Resolved,  That  we  deplore  the  death  of  the  Hon.  Ellis 
Lewis  as  one  who  by  his  research  and  varied  learning  has 
also  contributed  largely  to  the  medical  jurisprudence  of 
the  profession,  to  general  literature,  poetry,  and  science, 
and  who  at  all  times,  had  a  heart  filled  with  benevolence 
and  kindness  for  the  suffering  and  afflicted,  which  was  ever 
open  for  their  relief. 

''Resolved,  That  we  believe  the  bar  of  this  State  will  ever 
recognize  his  kind,  urbane,  and  gentlemanly  deportment  to 
all  who,  in  years  that  are  passed,  have  had  the  opportunity 
of  practicing  before  him,  and  are  ready  in  this  sad  hour  to 
express  their  high  appreciation  of  his  character  as  a  judge, 
of  his  moral  worth,  and  as  a  Christian  gentleman. 

"Resolved,  That  a  committee  of  seven  be  appointed  by 
the  chairman  of  the  meeting  to  convey  to  the  family  of  the 
deceased  our  deep  sympathy  with  them  in  the  loss  they 
have  sustained,  and  that  a  copy  of  these  resolutions  be 
presented  at  the  same  time. 

"Resolved,  That  in  testimony  of  our  respect  for  the  mem- 
ory of  our  distinguished  friend,  we  will  attend  his  funeral 
this  afternoon." 

In  seconding  these  resolutions,  George  W.  Biddle,  Esq., 
said  that  he  had  known  Judge  Lewis  since  185 1,  and  he 
came  as  near  his  "idea  of  a  perfect  judge"  as  any  man  with 
whom  he  had  ever  been  acquainted.  While  profoundly 
learned  in  the  law,  he  had  a  wonderful  fund  of  practical 
common  sense,  and  by  it  he  could  bring  his  great  acquire- 
ments to  support  the  justice  of  a  case.  His  love,  said  Mr. 
Biddle,  was  for  the  law  and  for  justice  administered  through 
it.    "After  his  retirement  from  the  bench,  to  which  he  might 


262  ELLIS  LEWIS 

have  been  returned  for  a  term  that  would  have  carried  him 
to  the  day  of  his  death,  he  did  not  sit  down  in  idleness,  but 
devoted  himself  to  the  cultivation  of  his  talents  and  the 
leading  of  an  active  life.  He  never  concealed  his  opinions 
on  any  point.  He  gave  the  right  to  others,  and  was  decided 
in  the  expression  of  his  own."  Mr.  Biddle  said  that  he  and 
Judge  Parsons  had  once  had  Judge  Lewis  for  a  client  and 
unlike  most  lawyers,  when  clients,  his  ideas  were  as  clear  as 
to  his  own  case  as  they  were  on  others.  He  said  the  bar 
had,  indeed,  lost  a  great  man,  a  man  of  high  attainments, 
a  great  judge  and  a  good  citizen,  and  he  desired  to  make 
this  tribute  to  the  worth  of  one  who  gave  to  the  bench  the 
benefit  of  his  study  and  to  the  profession  the  benefit  of  an 
exemplary  career. 

Hon.  Williami  A.  Porter  spoke  of  the  remarkable  force 
of  Judge  Lewis'  expressions,  which,  were  calculated  to  im- 
press all  who  heard  themi,  whether  in  speeches  or  conver- 
sation, for  no  one  could  hear  him  talk  even  without  gaining 
ideas  not  soon  tO'  be  forgotten.  He  referred  to  his  rich 
sense  of  humor.  He  was  always  cheerful,  never  depressed 
in  the  presence  of  great  responsibilities.  He  was  not  only 
laborious  and  learned,  but  had  peculiar  faculty  for  adapting 
the  law  to  the  duties  of  every  day  life.  He  was  very  con- 
siderate for  the  weak,  but  could  lay  strong  and  violent  hold 
upon  the  strong  man  and  ready  debater,  and  would  even 
suggest  points  to  an  attorney  who  seemed  not  to  under- 
stand his  case. 

David  Webster,  Esq.,  one-time  editor  of  the  Pennsyl- 
vania Law  Journal,  and  District-Attorney  of  Philadelphia, 
spoke  warmly  and  with  great  feeling  of  the  noble  life  of 
this  jurist  and  Christian  gentleman,  whose  career  from 
printer's  boy  to  Chief  Justice,  author  of  over  three  hundred 
opinions  that  were  a  permanent  part  of  our  law,  was  a  proof 
of  the  beauty  of  American  institutions. 

Chief  Justice  Thompson  appointed  Hons.  A.  V.  Par- 
sons and  William  A.  Porter,  Attorney-General  F.  C.  Brew- 
ster, and  David  Webster,  George  W.  Biddle,  Henry  Green,, 
of  Northampton  County,  and  Theodore  Cuyler,  Esqs.,  as 
the  committee,  to  which,  on  motion  of  Mr.  Cuyler,  the 
officers  of  the  meeting  were  added.  The  funeral  was  held 
at  302  South  Fortieth  Street  in  mid-afternoon,  with  the 
Rev.  Dr.  Yarnall,  of  St.  Mary's  Episcopal  Church,  and  the 


The  Tomb   in   Woodlands,    I'mLADELPHiA 


HIS  CLOSING  YEARS  263 

Rev.  Dr.  Rudder,  of  St.  Stephen's,  officiating.^  Besides 
family,  friends  and  the  numerous  representatives  of  the 
bar,  were  representatives  of  the  Masonic  Order,  in  a  lodge 
of  which  in  New  York  he  had  always  held  his  membership, 
the  St.  Andrews  Society,  the  Welsh  Society  and  in 
especially  large  numbers  the  Typographical  Society.  The 
pall  bearers  were  Chief  Justice  Thompson,  Judges  Ludlow 
and  Parsons,  and  Dr.  Jesse  R.  Burden.  All  of  these,  ex- 
cepting relatives  and  close  friends,  honored  the  dis- 
tinguished dead  by  acting  as  escort  on  foot  to  the  great 
cemetery  not  far  away  on  Woodland  avenue,  where  the  last 
rites  were  solemnized  by  the  two  rectors  and  the  Masonic 
brother,  Samuel  C.  Perkins,  R.  W.  D.  G.  M.-  And  there 
amid  the  shaded  slopes  of  Woodlands  still  rises  a  stately, 
but  simple  and  dignified  shaft,  not  unlike  the  simplicity  and 
dignity  of  the  life  it  recalls,  on  which  is  a  cross  and  the 
legend: 

Ellis  Lewis 

May  16,  1798 
March  19,  1871 

'  Mrs.  Lewis  survived  her  husband  for  some  years,  her  death  occurring 
on  January  29,  1879.  Miss  Josephine  Lewis,  of  Philadelphia,  is  the  only  sur- 
viving member  of  the  Judge's  family.  The  portrait  of  Judge  Lewis  by 
Francis,  which  was  in  the  possession  of  his  daughter,  Mrs.  Campbell,  was 
willed  by  her,  at  her  death,  in  1899,  to  the  Supreme  Court  for  their  rooms, 
at  Philadelphia,   where  it  now  hangs. 

"  The  Legal  Gasette,  March  24,  1891. 


INDEX 


Index 


Abolition  (see  Slavery)  ;  (see 
Missouri  Compromise,  The)  ; 
contempt  of,  for  the  Consti- 
tution, 245. 

Adams,  57. 

Adams  County,  58;  160. 

Advertiser,  The,  of  Williams- 
port,  43. 

Agnew,  Judge  Daniel,  168, 
footnote;  170. 

Albany,  cabal,  71. 

Albany  Daily  Advertiser,  39. 

Allegheny  County  (see  Pitts- 
burgh). 

American  Jurist,  The,  133. 

American  Sentinel,  The,  70; 
on  the  U.  S.  Bank  and  New 
York,  71. 

Anderson,  29. 

Anderson,  Major,  248. 

Anne,  Queen  (see  Queen 
Anne). 

Antego,  10. 

Anthony,  Judge  or  General 
Joseph  B.,  71  ;  96;  97. 

Anti-Improvement  Party,  125. 

Anti-Masons,  69;  71;  75;  84; 
125;  ;55- 

Apsequinemy  River,  10. 

"Apostate,  The,"  56. 

Armstrong,  Dept.  Atty.  Gen. 
James,  104;  Justice  of  Su- 
preme Court,  215;  231; 
Lewis  on,  232-3. 

Armstrong  -  Hall  case,  The 
(see  Hall  case.  The). 

Ashmcad,  George  L.,  225. 

Assembly,  The,  meets  in  pri- 
vate house,  12;  18-19. 

Atlee,  Dr.  Washington  L.,  132. 

Attorney-General  of  Pennsyl- 
vania, Opinion  of,  93-4; 
opinion  of,  95-6. 

"Auld      Lang      Sync      Party," 

234-5- 
"Auld  Lang  Syne  Party,"  edi- 
tion of  Burns,  234. 


Aurora,     The,     55 ;     and     the 

Democratic  Press,  56. 
Autobiography    of     Buchanan. 

254- 


Babbitt,  Judge  Elijah,  168, 
footnote. 

Bache,  Richard,  56. 

Baldwin,  Mary,  and  Ellis 
Lewis,  marriage  certificate 
of,  18,  footnote. 

Baltimore,  the  third  city,  36; 
42;  convention  at,  72 

Banks,  United  States,  70;  in 
politics,  71  ;  old  one,  how 
demolished,  71 ;  location  of, 
71 ;  72;  perplexity  in  Democ- 
racy caused  by,  75;  79; 
Jackson's  attack  on,  92;  124; 
125;  134;  Chief  Justice  Ta- 
ney on,  135. 

Banner,  The  Northern,  succes- 
sor to  the  Settler,  85. 

Bar,  The,  influence  of  in  elec- 
tive judiciary,  170. 

Barbadoes,  10. 

Barry,  Lieut.  Gov.  of  Ken- 
tucky, 52-3. 

Bartgis,  M.,  23. 

Barton,  Geo.,  225. 

Battery,  The,  New  York,  37. 

Bayard,  James,  225. 

Bell,  Justice  Thomas  S.,  152, 
footnote;  163;  170;  recom- 
mended by  Buchanan,  179, 
footnote. 

Bennett,  Joseph,  16. 

Bernard,  66. 

Berks  County,  130. 

Biddle,  Judge  Craig,  on  the 
elective  judiciary,  158-9-60. 

Biddle,  Geo.  W.,  225. 

Bigler,  Governor,  167;  173; 
and  Chief  Justice's  commis- 
sions, 195,  et  ai;  Chief  Jus- 
tice Black  on,  197;  letter  of 


267 


268 


INDEX 


on  the  commission  as  Chief 
Justice,  199-201. 

Bill  of  Rights,  establishment 
of,  7. 

Binney,  Horace,  68;  159. 

Binns,  John,  40;  editor  of  the 
Democratic  Press,  account 
of,  55-6;  57;  66;  72. 

Bizarre,  The,  footnote,  7. 

Black-Bird-River,  10. 

Black,  Judge  Jeremiah  S.,  152, 
footnote;  154;  163;  165;  167; 
169;  170;  on  Gibson,  178-9; 
and  commissions  as  Chief 
Justice,  195,  et  al.;  letter  of 
on  same,  196-8;  only  Chief 
Justice  not  to  receive  a  com- 
mission, 201 ;  becomes  Attor- 
ney -  General  to  President 
Buchanan,  215;  resignation 
of  as  Justice,  226;  letter  of, 
on  Buchanan  and  Kansas, 
240-1 ;  254. 

Blackstone,  on  criminal  law, 
138. 

Blair  County,  160. 

Books  on  sale  in  1817,  40. 

Bradford  County,  64;  Demo- 
crats in,  71-2. 

Bradford  Settler,  The,  67;  72i\ 

96. 

Brandy-Wine-River,  10. 

Bredin,  Judge  John,  152,  foot- 
note; 154. 

Brewster,  Benj.  H.,  225. 

Brewster,  F.  Carroll,  225. 

Brightly,  Fred.  C,  225. 

Brinton,  Wm.,  21,  footnote. 

Broad  Street  (Broadway), 
New  York,  36. 

Broad-Street,  Philadelphia,  11. 

Broad  Street  Station  (Phila- 
delphia), 254. 

Broadway  (see  Broad  Street). 

Brown,  David  Paul,  118;  on 
Lewis,  207-8;  (see  Forum, 
The). 

Browne,  N.  B.,  225. 

Bryan,  George,  50;  51;  55;  57; 
66. 

Buchanan,   of   Greene   County, 

77- 
Buchanan,  James,  71 ;  7:^;  Sen- 
ator, 129;  letter  of,  136;  and 
Franklin  College,  137;  161; 
candidate  for  President,  161- 
2;  173;  on  recommending 
Judges,   179,  footnote ;  letter 


of,  while  Minister  at  Lon- 
don, 183-6;  letter  from,  187- 
8;  on  the  Crimean  War, 
188;  and  the  "Ostend  Mani- 
festo," 188;  223;  229;  240- 
41 ;  Lewis'  views  on  course 
of  in  i860,  245-7;  248-9;  let- 
ter from,  on  his  autobiog- 
raphy, cabinet,  etc.,  254-5. 

Buchanan's  Cabinet,  254. 

Buckalew,  Charles  R.,  225  ;  241. 

Bucks  County,  original  bounds 
of  (see  Counties,  Original), 
58. 

"Buck-shot  War,  The,"  119. 

Buffington,  Judge  Joseph,   154. 

Bull,  Col.  James  P.,  65;  70;  96. 

Bulletin,  The  Piiiladelphia 
Evening,  167. 

Bunyan,  John,  7. 

Burnside,  Thomas,  49;  59; 
Justice,  152,  footnote. 

Burrell,  Judge  J.  M.,  168,  foot- 
note. 

Butler,  29. 

Butler,  235. 


Cabinet  government,  rise  of,  7. 

Cader  Idris,  2. 

Cadwigan,  Prince,  3. 

Cambria  County,  119;  160. 

Cambry  (see  Cumbry),  12. 

Cameron,  Senator,  173. 

Campaign,  The  First  Elective 
Judiciary,  167. 

Campbell,  F.  C,  104. 

Campbell,  Judge  James,  154; 
candidate  for  Supreme  Bench, 
161 ;  163  ;  165  ;  166 ;  167 ;  de- 
feated, but  became  Attorney- 
General,  168 ;  169 ;  recom- 
mended by  Buchanan,  179, 
footnote. 

Campbell,  Hon.  James  H.,  244. 

Campbell,  Mrs.  Juliet  H.  L., 
244-5,  footnote;  263,  foot- 
note. 

Campbell,  St.  Geo.  T.,  225. 

Canal  system  of  Pennsylvania, 
87-8 ;  opinion  concerning, 
93-4 ;  opinion  concerning, 
95-6. 

Capital,  National,  at  York,  23; 
desired    at    Harrisburg,    23- 

4-5- 
Capital  Punishment,  148. 
Capital,    State,    different    loca- 


INDEX 


269 


tions,   33-4;    settled  at   Har- 
risburg,  34. 
Capitol,   State,   in  court-house, 

34- 

Carbon  County,  160. 

Cards  (playing)  as  visiting 
cards,  19,  footnote. 

Carolina,  10. 

Carter's-Alley,  11. 

Cases  (see  Lewis,  Chief  Jus- 
tice Ellis  (3d)). 

Cass,  Lewis,  137. 

Catholics,  Irish,  displaced,  8. 

Catholics,  Roman  (see  Ro- 
man Catholics). 

Cedar  River,  10. 

"Centralism"  and  States' 
Rights,  141-7. 

Century,  The,  243. 

Chambers,  Judge  George,   164. 

Chambers,  Thomas,  128. 

Chambersburg  District,  68. 

Champneys,  Hon.  Benjamin, 
Judge  and  Senator,  129. 

Chandler,  Hon.  Joseph  R., 
editor  of  the  U.  S.  Gazette, 
123. 

Chapman,  Judge  Henrj',  154. 

Chapman,  Judge  Seth,  59;  at- 
tempt to  remove,  89-90. 

Charge,  A,  of  Judge  Lewis', 
102-3. 

Charles  II,  i ;  7. 

Chatham  Street,  New  York,  37. 

Chester  County,  "Upper,"  15; 
emigrants  from,  16;  58;  119; 
130;  160. 

Chester-Town,  10;  12. 

Chestnut-Street-Wharf,  11. 

Chief  Justiceship  of  Pennsyl- 
vania, 160-1 ;  (see  also  Su- 
preme Court,  The);  163; 
under  the  elective  system, 
168;  and  its  form  of  com- 
mission decided.  Chapter 
XII ;  attitude  of  Lewis, 
Lowrie  and  Knox  on,  198. 

Childs,  George  W..  letter  of, 
258;  on  the  death  of  Chief 
Justice  Lewis,  258-9. 

Christen-River,  10. 

Christians    (white  settlers),  9. 

Church,  Judge  Gaylord,  152, 
footnote;  154. 

Clarendon  Code,  footnote,  7. 

Clay,  Henry  (and  Sergeant 
ticket),  75;  Republicans,  84; 
and  public  lands,  86-7. 


Clay,  Joseph  A.,  225. 

Clifford,  Justice,  229. 

Clinton,  Mayor  De  Witt,  of 
New  York,  36;  Vice-Presi- 
dent, and  the  old  U.  S. 
Bank,  71. 

Codification  of  Penal  Code,  in 
Pennsylvania  (see  Penal 
Code). 

Collins,  198. 

Columbia  College,  law  lectures 
in,  137- 

Columbia  County,  99. 

Comly,  Judge  Joshua  A.,  164. 

Commissions,  as  Justice  and 
Chief  Justice,  Chapter  XII; 
Bigler  on  the  nature  of, 
199-201. 

Compromise,  in  politics  (see 
Slavery)  ;  (see  Missouri 
Compromise,  The)  ;  148. 

Concord,  13.    Meeting,  14. 

Conestogoe,  15. 

Congress  (see  Congress,  Con- 
tinental), First,  25. 

Congress,  Continental,  19. 

Constitution  of  1776,  120. 

Constitution  of  1790,  120. 

"Constitution  of  1838,  The," 
119. 

Constitution,  The  State,  third 
attempt  at  revision  of,  90- 
91;  vote  on,  119;  counties 
against  revision  of,  119; 
meaning  of  changes  in,  119- 
20. 

Constitution,     New     National, 

2^;  31- 

Convention,  Gubernatorial,  of 
Pennsylvania,  66 ;  V  i  c  e  - 
Presidential,  1831,  72;  at 
Harrisburg.  72, ;  Constitu- 
tional Revision,  119;  Judi- 
cial, 161. 

Conyngham,  Judge  J.  N.,  168, 
footnote. 

Convention,  Judicial  (see  Ju- 
dicial Conventions). 

Cook,  .'\rthur,  10;  11. 

Cope,  235. 

Coppee,  Captain,  235. 

Cornyn,  Representative,    157. 

Corporations,    an    opinion    on, 

172-3- 

Coryell,  Tunison,  47 ;  account 
of  Gazette  by,  48,  footnote ; 
51 ;  58;  59.  footnote. 

Coulter,    Richard,   71  ;    Justice,. 


270 


INDEX 


152,  footnote;  163;  164;  and 
the  Philadelphia  Bulletin, 
167;  gets  the  fifteen-year 
term,  168;  170;  death  of,  173. 

Council,  of  Governor  Evans, 
12. 

Counterfeiting  case,  Frontier, 
118-19. 

Counties,  Original  (Chester, 
Bucks  and  Philadelphia), 
boundaries  of,  how  settled, 
18. 

Courier  (see  New  York  Cou- 
rier). 

Court-House,  First,  12. 

Courtlandt  Street,  New  York, 
36. 

Cowden,  John  H.,  97. 

Crawford,  George,  97. 

"Criminal  Law  of  the  United 
States,  An  Abridgment  of," 
by  Bllis  Lewis,  139-40; 
works  on,  footnote,  140. 

Cumberland  County  created, 
17;  160. 

Cumbry,  The,  10. 

Cummings,  Judge  John,  102. 

Curtice,  John,  10. 

Curtis,  Justice  Benj.  R.,  foot- 
note, 223 ;  229. 

Curtis,  George  Ticknor,  249. 

Gushing,  127. 

Cutler,  Mannasseh,  journal  of, 
24. 

Cuyler,  Theo.,  225. 

Cymru,  3,  footnote. 


Daily  Pennsylvanian,  The  (see 

Pennsylvanian,  The  Daily). 
Dallas,   Alexander   James,   55 ; 

71. 

Dallas,  George  Mifflin,  55;  56; 
70;  71;  72;  73;  becomes  At- 
torney-General, 98 ;  letter  to, 
141-7;  letter  from,  147-8. 

Dallas,  T.  B.,  56;  89. 

Dam,  The  Bald  Eiagle  Creek, 
opinion  on,  93-4. 

Danville,  Pa.,  61 ;  102. 

Darlington,  198. 

Darsie,  Senator,  129. 

Dauphin  County  created,  24; 
119;  160. 

David  and  Wallace  (see  Wal- 
lace and  David). 

Davidson,  Judge  Asher,  102. 

Dayton,  W.  Heyward,  225. 


Debt  (see  Imprisonment  for 
Debt). 

Dechert,  Henry  M.,  225. 

Dee,  River,  2 ;  3. 

Degrees,  conferred  on  Judge 
Lewis,  140-1 ;  also  footnote. 

Delaware,  10;  (see  Pennsylva- 
nia). 

Delaware  County,  58;  119. 

Delaware  River,  exploration 
of,  9;  settlements,  popula- 
tion of,  9. 

Delaware-Street,  11. 

Democratic  Judicial  Conven- 
tion (see  Judicial  Conven- 
tions), 223. 

Democracy,  56 ;  66 ;  in  Penn- 
sylvania, 72]  perplexity  of 
in  1831,  75;  letter  on,  by 
Judge  Lewis,  141-47;  in 
Pennsylvania,  155;  223;  of 
Philadelphia,  in  mass-meet- 
ing, 236. 

Democratic  National  Conven- 
tion, Baltimore,  137. 

Democratic  Party,  in  Pennsyl- 
vania, "Old  School"  and 
"New  School,"  40;  com- 
ments on,  54;  origin  of  name 
of,  56;  (see  Democracy); 
and  Judges  in  Pennsylvania, 
168;  169-70. 

Democratic  Press,  The,  the 
paper  to  give  name  to  the 
party,  succeeds  to  power  of 
the  Aurora,  56;  57;  66. 

Democratic  Review,  The,  of 
New  York,  61;  137;  141. 

Denny,  Harmar,  71. 

Deposits,  Removal  of,  Taney 
on  (see  Banks,  United 
States),  13=1. 

Derby-River,  10. 

Derby-Town,  10. 

Dickens,  Charles,  letter  of, 
257-8. 

Dickinson  College,  68. 

Diehl,  Thomas  J.,  225. 

Districts  of  Supreme  Court 
(see  Supreme  Court). 

Dissenters,  harshness  of  laws 
against,  7. 

District  Court  of  Lancaster, 
Special,  129. 

District  Court  of  Philadelphia, 
Special,  154. 

District   Courts   of   Pennsylva- 


INDEX 


271 


nia,  comparative  business  of, 
1841  to  1850,  130. 
Dix,    of    Buchanan's    Cabinet, 

254- 

Dolgclly  (Dolgelley),  descrip- 
tion of,  2-^ ;  enigmatic  poem 
on,  3 ;  meeting  at,  4-5 ;  cot- 
ton manufacture  in,  8,  foot- 
note. 

Doney,  141. 

Donnegal,  15. 

Dougal,  Dr.,  105. 

Dred  Scott  Decision,  223 ;  229. 

Drum,  Senator,  157. 

Duane,  William,  40;  account 
of,  55 ;  also  footnote ;  56. 

Dubbs,  Dr.  J.  H.,  136. 

Dublin,  12. 

Dubuque,  Iowa,  frontier  trial 
in,  118-T9. 

Duncan,  Thomas,  68. 

Durkee,  Judge,  152,  footnote; 
154- 

Dwight,  Theodore,  editor  New 
York  Daily  Advertiser,  39. 

Earls,  Catherine,  106. 

Earls,  John,  104. 

Earls   Murder   Case,   The,    104 

to  116  inclusive. 
East    River,    New    York,    36; 

37. 
Education      in      Pennsylvania, 

125- 

Eighth  Judicial  District,  The, 
90-1  ;  96-7;  99;  120. 

Eldred,  Hon.  C.  D.,  89;  96-7; 
152,  footnote. 

Eldred,  Judge  Nathaniel  B., 
152,  footnote;  155;  168,  foot- 
note. 

Elective  Judiciary,  The,  148; 
popular  demand  for,  153; 
154;  155;  156;  opposition  to, 
157;  growth  towards,  157-8; 
and  other  States,  158;  Judge 
Craig  Biddle  on.  158-60; 
amendment  carried,  160; 
counties  against  it,  160; 
nominations  for,  163 ;  164 ; 
165;  166;  167;  168;  James 
Alexander  Fulton  on,  168- 
70;  William  Wilkins  on, 
231-2. 

Electoral  College  of  Pennsyl- 
vania in  1832,  7y. 

Ellis,  Rowland  ap  or  son  of, 
4;  13- 


Ellis,  Wm.  Cox,  104. 

England  (see  Old-England)  ; 
town  and  country  life  in,  de- 
scribed in  Buchanan's  letter, 
185-6. 

Engle,  Peter  Hill,  118. 

Erie  Canal,  2>'^. 

Erie  County,  130. 

"Eros  and  Anteros,"  245,  foot- 
note. 

European  tour,  253-4. 

Evans,  Governor,  12. 

Exchange  Place,  New  York 
(see  Garden  Street). 

Fairs,  12. 

Fair  (now  Fulton)  Street, 
New  York,  36. 

Fallon,  John,  225. 

"Family,  The,"  56;  65-6;  72. 

Family  name,  an  institution, 
confusion  of  method  in,  4. 

Federalism,  54;  (see  "Cen- 
tralism"). 

Federalists,  The,  in  Philadel- 
phia, 40;  in  Pennsylvania, 
69;  97- 

Financial  center,  change  of, 
70. 

Findlay,  Governor,  40;  47,  and 
footnote ;  53. 

Findley,     Judge     John     King, 

154- 

Findley,  Joseph,  Academy  of, 
at  Harrisburg,  33. 

Finletter,  Judge,  159. 

Fisher,  A.  J.,  225. 

Fisher,  Judge  Robert  J.,  168, 
footnote. 

Fleming,  Robt.,  104. 

Flowers-.A.lley,  11. 

Forney,  Col.  John  W.,  editor, 
161 ;  163  ;  167 ;  223  ;  229. 

Forney's  Pcnnsyhanian  (see 
Pennsylvanian,  Forney's). 

Forum,  The,  by  David  Paul 
Brown,  118. 

Foster,  Hugh,  guardian  of 
Ellis  Lewis,  z^;  34;  37. 

Fox,  George,  account  of  a 
Quaker  meeting,  i  ;  2,  foot- 
note. 

"Frame"  of  Government,  13. 

FVancis,  portrait  by,  263,  foot- 
note. 

Frankford-River,  10. 

Franklin,  Benjamin,  17;  18; 
his  Ccccttc,  2T, :  24. 


272 


INDEX 


Franklin  College,  Law  Profes- 
sorship in,  136;  and  Bu- 
chanan, as  trustee,  137. 

Franklin  County,  119. 

Frederick  City,  Md.,  42-3. 

Friends  (see  Quakers). 

Front  Street,  11. 

Fugitive  Slaves  (see  Slavery). 

Fuller,  3. 

Fulton,  James  Alexander,  on 
the  elective  judiciary  in 
Pennsylvania,  168-70. 

Gardenier,  Barent,  editor  of 
New  York  Courier,  39. 

Garden  Street  (Exchange 
Place),  New  York,  37. 

Garretson,  Dr.  William,  60; 
61. 

Gazette,  Franklin's,  23. 

Gazette,  The  Franklin,  54;  ri- 
val of  the  Democratic  Press, 
56. 

Gazette,  The,  of  Williamsport, 
43 ;  44 ;  45,  footnote ;  46 ;  48 ; 
footnote  also;  51. 

Gerhard,  B.,  225. 

"General  Welfare"  clause,  143. 

German-Town,  12. 

Gibson,  Chief  Justice  John 
Bannister,  68 ;  132 ;  salary  of, 
152,  footnote;  and  the  elec- 
tive judiciary,  160-1 ;  163; 
165 ;  167 ;  gets  the  nine-year 
term,  168;  169;  170;  death 
of,  and  eulogy  of,  178-9;  198. 

Gillou,  Constant,  225. 

Gilmore,  Judge  Samuel  A., 
152,  footnote;  168,  footnote. 

Girard  Will,  Stephen,  opinion, 
172. 

Glancy,  Jesse,  32. 

Godey,  Louis  A.,  234-5. 

Godey's  Lady's  Book,  243 ;  255. 

Gordon,  Governor,  15. 

Gordon,  Judge  David  F.,  155. 

Government,  Cabinet  (see  Cab- 
inet government). 

Government,  Quaker  experi- 
ment in,  7. 

Graham,  Judge  James  H.,  168, 
footnote. 

Grand  Jury,  Duty  of,  102-3-4. 

Great  Duck-River,  10. 

Gregg,  Andrew,  57 ;  58. 

Green,  Dr.,  235. 

Greenwich  Street,  New  York, 
36;  37- 


Grier,  Judge  Robert  C,  124. 

Griffith,  of  Nannau,  4. 

Griggs,  John,  234. 

Growden,  Judge,  10;  11;  12. 

Gubernatorial  office,  The,  of 
Pennsylvania,  relation  of  to 
politics,  in  1820-3,  57;  pro- 
posed Constitutional  restric- 
tions on,  in  1833,  90-91 ; 
changes  of  powers  of,  119- 
20;  and  the  elective  judici- 
ary (see  Elective  Judiciary, 
The). 

Gwynedd,  3;  footnote,  13. 

Habeas  Corpus  Act,  i. 
Haines,  Judge  Townsend,  168, 

footnote. 
Hall  case.  The,  120-124. 
Hall,  Thomas,  16. 
Hamersly,  Robert,  Jr.,  32;  (?), 

SO. 
Hamilton,  Governor,  17. 
Hamilton,  G.  P.,  231. 
Hamilton,  John,  Jr.,  225. 
Hanover    Square,    New    York, 

36. 
"Hardwicke,"  245,  footnote. 
Harford  (Haverford),  12. 
Harpers,  The,  40. 
Harrisburg  (see  Harris,  John), 

county-seat,  24;  aim  to  make 

it    a    national     capital,    25 ; 

convention  at,  73. 
Harrisburg  Chronicle,  The,  77 ; 

85-. 

Harrisburg  Convention,  72,. 

Harrisburg  {The)  Journal  and 
The  Weekly  Advertiser  (see 
Pennsylvania  C  h  r  0  n  i  c  I  e) 
started,  25 ;  bought  by  Lewis 
&  Prague,  25. 

Harrisburg  (The)  Monitor 
and  Weekly  Advertiser,  suc- 
cessor to  the  Chronicle,  25. 

Harris,  John,  and  Harrisburg, 
16;  John,  Jr.,  24;  growth  of 
town  of,  24;  ambition  to 
make  town  national  capital, 
25 ;.  34- 

Harris'  Reports,  error  in  re- 
garding Chief  Justice  Black, 
196;  200. 

Hart,  Professor,  235. 

Haverford  (see  Harford),  13. 

Hayes,  Judge  Alexander,  130. 

Hegins,  Judge  Chas.  W.,  168, 
footnote. 


INDEX 


273 


Hepburn,  Dr.,  105. 

Hepburn,  Judge  H.,  163. 

Hepburn,  Samuel,  49. 

Herrick,  Judge,  59. 

Hiester,  Colonel  Joseph,  can- 
didate for  Governor,  47,  also 
footnote ;  53-4 ;  efforts  to 
conciliate,  57. 

High-Street-Wharf  (Market), 
II. 

Hirst,  W.  L.,  225. 

Holt,    of    Buchanan's    Cabinet, 

254- 
Home      Journal,      The,      243 ; 

253- 
Howell,  King,  the  law-giver  of 

Wales,  3. 
Hoorkill-River  (Lewis  River), 

10. 
Hudson  (North)   River,  ;i7. 
Huntingdon  County,   119;   160. 
Huston,    Justice    Charles,    68; 

170. 
Hutton's  Lane,  11. 

Impartial  Recorder,  42. 
Imprisonment    for    Debt,    first 

steps  to  abolish,  91. 
Indian    War,    pictured    in    "St. 

Clair's    Defeat,"    a   poem  by 

Maj.  Lewis,  25-29. 
Indiana  County,  119. 
Ingersoll,  C,  225. 
Ingersoll,    Charles   J.,   70;   71; 

156;  159- 
Ingersoll,  E.,  225. 
Ingham,    S.    D.,    57;    66;    72; 

Gov.    Porter    on,    76,     foot- 
note; 127;   128-9,  footnote. 
"Institutes"     of     Wales     (see 

Laws      and      Institutes      of 

Ancient"). 
International    Law    (see    Law, 

International). 
Iowa,  145. 
Iowa  Territory,  early  trial  in, 

118-19. 
Ireland,  strife  in,  8. 
Irish  Papists,  15. 

Jackson  Democrats  (see  De- 
mocracy). 

Jackson,  General  Andrew,  vic- 
tory of,  at  New  Orleans,  34; 
65 ;  Presidential  inaugura- 
tion of,  66;  and  the  U.  S. 
Bank,    71-2;    73;    his    Presi- 


dency  due   to   Pennsylvania, 

74;  77;  and  Governor  Wolf, 

124;    eulogy    on,    by    Judge 

Lewis,    133-4;    Chief   Justice 

Taney  on,  134-6. 
Jamaica,  10. 
James  II,  favors  Pennsylvania, 

7;  8. 
Jayne's  Hall,  236. 
Jefferson,    Thomas,    letter    to, 

31-2;   letter   from,   32-3;   37; 

letter  of,   on   Federalist  and 

Democratic  tendencies,  52-3 ; 

55;  66. 
Jessup,    Judge    William,     152, 

footnote;   164. 
Johnson,  J.  P.,  225. 
John,  son  of  Griffith,  of  Nan- 

nau,  4. 
Johnston,  Governor,  148. 
Johnston,  Henry,  225. 
Jones,  Horatio  Gates,  225. 
Jones,  Judge  Joel,  163. 
Jones,   Judge   J.    Pringle,    152, 

footnote;  154;  168,  footnote. 
Jones's-Lane,  11. 
Jordan,  Judge  Alexander,  168, 

footnote. 
Judges  (see  President  Judges). 
Judicial    Campaign,    167 ;   local 

judges  elected  in,   168;   169- 

79-. 

Judicial  Candidates  (Supreme 
Court),  compared,  165-6; 
169-70. 

Judicial  Conventions,  nomina- 
tions in,   163-4;   169. 

Judicial  Districts,  growth  of, 
in  Pennsylvania,  99;  list  of, 
154-5;  list  of,  also  list  of 
judges  in,  168,  footnote. 

Judicial  Non-residence,  129, 
footnote;  153. 

Judiciary,  The,  Jefferson  on, 
53 ;  life-tenure  of,  in  Penn- 
sylvania, 68-9;  120;  (see 
Elective  Judiciary)  ;  salary 
increase,  148;  compensation 
of,  150;  salaries  of,  in  Penn- 
sylvania, in  1849,  152,  foot- 
note; ability  of,  154;  list  of, 
154;  history  of,  157-8;  con- 
vention to  elect  (Supreme 
Court),  161  ;  conventions  for 
(Supreme  Court),  163-4;  lo- 
cal elective,  1851,  168,  foot- 
note. 

Judiciary    Committee's    report, 


274 


INDEX 


87-8;  report  of  on  elective 
judiciary  proposals,  157. 

Jenkin,  Geo.,  Jr.,  225. 

Juniata,  route,  87;  county, 
119. 

Jurisprudence,  in  Pennsylva- 
nia, 164-5. 

Jurists,  and  history,  171. 

Jurist,  The  American,  133. 

Justice  of  the  Peace,  report  on 
removal  of,  87-8;  jurisdiction 
of,  over  canal,  95-6. 

Juvenal,  Wm.  W.,  225. 


Kane,  Robert  P.,  225. 

Kansas,  admission  of,  236 ;  237- 
8;  (see  Lecompton  Constitu- 
tion), 239. 

Keating,  Representative,  80. 

Keating  Resolution,  yj. 

Kekachtanium  Hills,  16. 

Kelly,  Judge  Wm.  D.,  154. 

Kelso,  29. 

Kennett  (Square),  14;  Lewis' 
House,  in,  14;  The  Story  of, 
by  Bayard  Taylor,   14-15-16. 

Kent,  Chancellor  James,  123- 
4;  "Commentaries"  of,  137; 
on  criminal  law,  137-8;  dedi- 
cation and  tribute  to,  of 
Lewis'  "Criminal  Law" ;  last 
letters  of,  139-40. 

Kent  County,  10. 

Kent,  William,  son  of  Chancel- 
lor, letter  of,  on  the  Chancel- 
lor's death,  140. 

Kidder,  Judge  Luther,  152, 
footnote;  154;  163. 

Kidder,  Senator,  129. 

Kimmell,  Judge  F.  M.,  168. 

King,     Judge     Edward,     154; 

243. 

King,  Senator,  157. 

Kinsey,  John,  Chief  Justice, 
17 ;  "death  of,  18. 

Kirk,  T.,  21 ;  Isaac,  Surveyor, 
30. 

Kittoe,  Dr..  105. 

Kness,  H.  R.,  225. 

Knox,  Judge  John  C,  152, 
footnote;  154;  156;  168, 
footnote ;  elevation  to  the 
Supreme  Bench,  179,  also 
footnote;  231;  Lewis  on, 
233 ;  234 ;  becomes  Attorney- 
General  and  Commissioner 
to  revise  Penal  Code,  241. 


Krause,     Judge     David,      152, 

footnote;   154;   163. 
Kreider,  Frederick  C,  225. 
Kreiger,  Henry,  32. 

Lacock,  Representative,  80. 

Lancaster  County,  created ; 
terms  of  Act,  15;  17;  58; 
county,  119;  129;  bar  of, 
148-9;  Democracy  in,  and 
Judge  Lewis,  161-2. 

Lancaster  District,  68;  129; 
(see  District  Court  of  Lan- 
caster, Special)  ;  greatest  in 
State,  130;  148-51. 

Laporte,  Representative,  72 ; 
Speaker,  yji- 

"Law  and  Equity,  The  New 
Library  of"  (see  "Library  of 
Law  and  Equity,  The 
New"). 

Law,  Ed.  E.,  225. 

Law  Professorship,  at  Frank- 
lin College,  136. 

Lazv  Reporter,  The  United 
States,  133. 

"Laws  and  Institutes  of  Wales, 
Ancient,"  3. 

Lazv  Journal,  The  Pennsylva- 
nia (see  Pennsylvania  Lazv 
Journal,  The). 

Law,  Mjlitary,  117;  Interna- 
tional, 117. 

Lawyers,  12. 

Lebanon  County,  119. 

Lecompton  Constitution,  Presi- 
dent Buchanan  favors,  236; 
(see  Kansas);  237;  238; 
239;  240;  241. 

Legislature,  The,  powers  of, 
150-1 ;  deadlock  with  the 
Governor  in  1846. 

Lehigh  County,  119;  160. 

Lehman,  Wm.  E.,  225. 

Leib,  Dr.  Michael,  40;  ac- 
count of,  55. 

Leonard  Street,  New  York,  36. 

Lewisberry,  laid  out,  30. 

Lewis,  Major  Eli,  birth,  18; 
goes  to  Philadelphia  and 
learns  printer's  art,  18;  re- 
turns from  Philadelphia,  19; 
Major  of  First  Battalion, 
York  Associators,  19 ;  at 
Germantown  and  Wilming- 
ton; letter  of,  19-20;  thinks 
Revolution  will  succeed, 
20;       quotes        Pope,       20; 


INDEX 


275 


letter  of,  21 ;  marriage  to 
Pamela  Webster,  21  ;  dis- 
owned by  Quakers  for  mili- 
tary service,  21 ;  literary 
ability  of  and  song  by,  23- 
4;  "Tribe  of  Eli,"  23;  buys 
the  Chronicle  and  changes 
its  name  to  Monitor, 
verse  by,  25;  "St.  Clair's 
Defeat."  poem  by,  25-29; 
sells  his  paper  to  Allen  & 
Wyeth,  and  returns  to  Red 
Lands  Valley.  29-30;  six 
children  of,  30;  portraits  of, 
and  of  wife,  30;  founds 
Lewisberry,  30;  reinstated 
as  an  orthodox  Friend, 
31 ;  death  of,  31 ;  a  Fed- 
eralist, then  a  Jcffersonian 
Democrat.  31  ;  signs,  and  is 
probably  author  of,  letter  to 
Jefferson,  32. 

Lewis,  Eli  (2nd),  37;  46-7; 
49;  59;  62;  65. 

Lewis,  Ellis,  ist.  4;  child 
speaker  in  meeting,  4-5 ;  re- 
markable letter  of.  6-7 ;  pre- 
pares to  go  to  Pennsylvania, 
8-9;  lands  in  Philadelphia, 
12;  at  Haverford,  and  near 
Concord,  13;  Mary  Baldwin, 
second  wife  of.  14;  his  home 
celebrated  by  Bayard  Taylor, 
14-15;  children  of,  14;  death 
of,  16,  footnote ;  marriage 
certificate  of,  18,  footnote. 

Lewis,  Ellis,  2nd,  or  junior, 
14;  15;  goes  to  Lancaster 
County,  16;  his  marriage, 
"high  living,"  and  exemplary 
life,  17.  footnote;  son,  Eli, 
born,  18;  19. 

Lewis  (Chief  Justice),  Ellis, 
3rd.  birth  of.  30;  inherits 
JefTersonian  letter  and  princi- 
ples, 33 ;  early  education  of, 
33 ;  is  apprenticed  as  printer, 
and  makes  bonfires  for  the 
victories  of  1812-15.  34:  dis- 
content of.  and  escape  of, 
from  printing  office.  35  ;  inden- 
ture of,  35  ;  finds  work  in  New 
York  as  Henry  Van  Ellen- 
burg,  37 ;  letter  of,  from  New 
York,  37-8 ;  uses  name,  E. 
W.  Lewis  also,  38;  thinks  of 
shipping  as  a  sailor.  38-9; 
gets    work    on    the    Courier, 


39;  his  early  struggles  in 
New  York,  39,  footnote;  a 
hard  student  and  worker, 
40;  and  late  books,  40; 
studies  Latin  and  French, 
41  ;  letter  from;  ill-health  of, 
41  ;  is  discouraged  and  de- 
sires to  change,  41  ;  offers  to 
settle  with  VVycth,  and  goes 
to  Frederick  City,  Maryland, 
41;  letter  from,  41-2;  studies 
medicine,  41,  footnote;  at- 
tempts to  start  paper  in 
Westminster,  Maryland.  42 ; 
love  of  poetry ;  skepticism  of, 
42 ;  buys  a  share  in  Torbert's 
Gazette,  43-4;  buys  out  Tor- 
bert  and  declares  for  Find- 
lay,  45 ;  believes  a  compila- 
tion of  laws  would  sell  well, 
and  thinks  of  the  law,  44-5; 
46;  desires  offices  of  Reg- 
ister and  Recorder,  47 ; 
makes  public  speech,  47; 
finally  sells  Gazette.  48;  de- 
votes himself  to  the  law,  48; 
is  admitted  to  the  bar.  49; 
marriage  of,  to  Miss  Jose- 
phine Wallis.  49-50;  pros- 
pers in  practice,  50;  supports 
Shulze.  51  ;  position  of,  as  a 
local  independent.  55 ;  cham- 
pions Gov.  Shulze,  is  ap- 
pointed Deputy  Attorney- 
General  for  his  district,  58; 
lives  in  Wellsborough, threat- 
ened with  diseased  limb,  59- 
60;  home  of,  "Father  of 
Wellsborough  bar,"  60;  re- 
signs part  of  district.  61  ; 
influential  in  establishing 
United  States  Court  there, 
61 ;  incident  concerning.  61- 
2;  letter  of,  on  illness,  62; 
operation  on,  62 ;  moves  to 
Towanda,  65 ;  practice  in- 
creases and  becomes  a  force 
in  politics,  67;  and  Supreme 
Court  practice,  68-9;  letter 
of,  69;  secretary  of  county 
convention,  72 ;  favors  Mc- 
Kean,  72-3;  elected  delegate 
to  Harrisburg  convention, 
73:  speech  in,  73-4;  foils 
Ingham's  plans.  73,  footnote; 
opposes  Baltimore  conven- 
tion, 74 ;  passed  by.  for  Ma- 
son,   75 ;     independent    can- 


270 


INDEX 


didate  for  Legislature,  76; 
and  Ingham,  76,  footnote ; 
speech  in  Legislature  on 
South  Carolina,  T]  \  and  the 
Keating  Resolutions,  79-80- 
81 ;  member  of  the  Judiciary 
and  Inland  Navigation  and 
Internal  Improvement  Com- 
mittees, 82 ;  two  incidents  of, 
footnote,  82  and  83;  defends 
the  Governor,  84;  becomes 
Attorney-General,  85 ;  ques- 
tion raised  as  to  holding 
office  of  Representative  and 
Attorney-General,  85 ;  speech 
of,  on  State's  relation  to  the 
public  lands,  86-7;  and  the 
Judiciary  Committee's  re- 
port, 87-8;  gives  a  printer's 
toast,  89 ;  appoints  Wyeth's 
son  as  a  deputy,  89;  incident 
about  his  deputies,  foot- 
note, 89;  and  the  Senatorial 
deadlock,  89-90;  and  the 
President  Judgeship  of  the 
Eighth  District,  90;  au- 
thor of  first  law  to  abolish 
imprisonment  for  debt,  91 ; 
and  condition  at  time  of 
Jackson's  attack  on  the  U. 
S.  Bank,  92 ;  opinion  of,  as 
Attorney-General,  93-4;  Mc- 
Kean  wishes  to  retire,  96-7 ; 
attacked  in  Lycoming 
Chronicle,  97-8;  made  Presi- 
dent Judge  of  Eighth  Judi- 
cial District,  98 ;  letter  of,  to 
Van  Buren,  footnote,  97-8; 
first  court  of,  at  Sunbury, 
99;  characteristics  of,  as  a 
judge  100;  decisions  of,  in 
Supreme  Court,  loi ;  rela- 
tions to  land  titles,  loi ;  and 
politics,  footnote,  loi ;  re- 
versals and  reaffirmations, 
102;  home  of,  at  Williams- 
port,  102 ;  a  charge  of,  102- 
3 ;  and  the  Earls  Murder 
Case,  103  to  116,  inclusive; 
a  sentence  by,  114;  and 
Medical  Jurisprudence,  116- 
17;  on  Board  of  Visitors  to 
West  Point,  report  of,  117; 
amusing  incident  illustrat- 
ing how  widely  he  was 
known  as  a  jurist,  118-19; 
term  of  limited,  date  of, 
120;     notable     case    before, 


120-124;  a  vestryman  of 
Protestant  Episcopal  Church 
at  Williamsport,  footnote, 
121 ;  writes  sketch  of  Gover- 
nor Wolf,  124;  letter  of,  to 
Van  Buren,  125-6;  relation 
of,  to  Wolf,  125;  desire  for 
political  unity,  126-7;  attack 
on,  by  S.  D.  Ingham,  127-8; 
denies  being  candidate  for 
the  National  Supreme  Bench, 
footnote,  128-9;  nominated 
President  Judge  of  Second 
(Lancaster  County)  District, 
129;  nominated  for  U.  S. 
Senate,  129;  becomes  Presi- 
dent Judge  at  Lancaster, 
129;  special  "District  Court" 
merged  into  court  of,  131 ; 
affirmations  and  reversals  of, 
in  Supreme  Court,  131-2;  on 
unconstitutionality,  132;  and 
the  Reigart  case,  132 ;  opin- 
ions of,  published,  133;  edi- 
torial work  on  the  Penn- 
sylvania Lazv  Journal,  and 
"New  Library  of  Law  and 
Equity,"  133 ;  eulogy  by,  on 
Andrew  Jackson,  133-4;  let- 
ter of  Taney  to,  on  eulogy, 
i34"5-6;  as  Professor  of 
Law  and  Medical  Jurispru- 
dence, 136 ;  and  Qiancellor 
Kent  on  need  of  a  work  on 
Criminal  Law,  supplemen- 
tary to  Kent's  Commentaries, 
138;  and  Blackstone  on 
same,  138,  footnote;  dedi- 
cates his  "Criminal  Law"  to 
Kent,  130;  letters  to,  from 
Kent,  139-40;  degrees  of 
Doctor  of  Laws  conferred 
on,  by  Transylvania  Univer- 
sity and  Jefferson  College, 
footnote  also,  140-1 ;  degree 
of  Doctor  of  Medicine  by 
Philadelphia  College  of 
Medicine,  140- 1 ;  sketch  of, 
and  portrait  of,  in  the  United 
States  Magazine  and  Demo- 
cratic Reviezv,  141  ;  letter  of, 
on  politics,  to  Vice-President 
Dallas,  141-7;  proposed  in- 
crease in  salary  of,  148-51 ; 
proposes  substitution  of  soli- 
tary confinement  for  capital 
punishment,  148;  address  to, 
from   Lancaster    Bar,    148-9; 


INDEX 


277 


reply  of,  149-51 ;  powers  of, 
for  dispatch  of  business,  152; 
and     the     elective     judiciary 
principle,    153;    a    tribute   to, 
161  ;  nominated  for  Supreme 
Bench    by   Lancaster    Demo- 
crats,    161-2;     President    of 
the  Williamsport  and  Elmira 
Railroad,      162;      nominated, 
163 ;   Editor  Forney  on,   163- 
4;   delegates   from  his  home 
counties  voted  for,  164;  and 
fellows-candidates,    165;    and 
the    campaign,    his    printer's 
apprenticeship     referred     to, 
166;    vote   on,    and    election, 
167;  gets  six-year  term,  168; 
169;    170;    large    number   of 
opinions    assigned    to,     171 ; 
first  opinion  of,  172;  on  cor- 
porations,    172-3 ;    letter    to, 
'from    Buchanan,    173,    foot- 
note;     miscellaneous      selec- 
tions from  opinions  of,   174; 
on    land-titles,    175;    various 
opinions  of,  176-7 ;  on  taxa- 
tion, and  the  Sharpless  case, 
178;     letter     to,     from     Bu- 
chanan,     179,      footnote;      a 
medico-legal  incident,   180-1 ; 
conservative  attitude  of,  181 ; 
miscellaneous  selections  from 
opinions,  181-2;  on  creditors 
and   debtors,    183 ;    letter   to, 
from   Minister   Buchanan   in 
London,    183-6;    removes   to 
Philadelphia,   at   West   Penn 
Square,      186;     letter     from 
Minister     Buchanan,     187-8; 
and   a   trip   abroad,    187 ;   on 
competition,     189;    character 
of  later  opinions  of,  189;  en- 
tire  opinion   of,     191-4;    be- 
comes    Chief    Justice,     195 ; 
controversy    on    commission 
of    as     Chief    Justice,     196- 
201 ;    and    the    Thomas    V. 
Crossin     case,     202-3 ;     and 
railways,  204;  other  opinions 
of,     204-5 ;     appointment     of 
son  of.  205,  footnote ;  further 
opinions  of,  206;   sketch   of, 
by  David   Paul    Brown,  207- 
8;    and    theology,    207,    foot- 
note;    further    opinions     of, 
209-10;  influence  of,  209-10; 
on    railroads,    2to-ii;    other 
railway  opinions  of,  212-13 ; 


on    "charitable     uses,"    213- 
14;  and  taxation  of  ministe- 
rial salary,  216-17;  on  juror 
and      Judge,      217-18;      and 
termination    of    his    service, 
decision    of    by    Woodward, 
218-222;      renomination     of, 
223-4;  letter  on,  from  mem- 
bers    of     Philadelphia     Bar, 
224-5;    letter    of    declination 
from,   226-7;   oldest   in   judi- 
cial service  in  the  State,  227; 
describes    his    service,    227; 
his   declination    looked    upon 
by    the    Pcnnsylvanian    as    a 
public    calamity,    228;     char- 
acter of  work  of,  229;  men- 
tioned  for  the  National   Su- 
preme    Bench     by     Forney, 
229;    reception    to,    at    Pitts- 
burgh,    230-31  ;     sketch     of, 
footnote,  230;  William  Wil- 
kins  on,   231-2;    response   to 
toast  by,  232-3;   hope  of,  to 
visit   the    South    and   distant 
lands,     232;     dined     at     the 
"Auld    Lang    Syne     Party," 
234;    and    the    "Auld    Lang 
Syne      Party"      edition      of 
Burns,  234;  portrait  in  group 
of  "Auld  Lang  Syne  Party," 
234-5 ;     presides     at     Demo- 
cratic mass-meeting,  236 ;  on 
Kansas    and     the     questions 
bearing     on     its     admission, 
237-8 ;     on     Buchanan's 
course,    239-40 ;    becomes 
Commissioner  to  revise  Pen- 
al    Code     of     Pennsylvania, 
241-2-3;      cultivates       the 
Muse,  in  poem,  "Pinehome," 
243-4;     children     of,     244-5, 
footnote ;  letter  of,  to  Chief 
Justice  Taney,  on  Buchanan's 
course,      245-7;      o"      self- 
preservative    powers    of    the 
National    Government,    246 ; 
on  Judge   Story,  246;   letter 
of,   advocating   force   with   a 
qualification,    247;    letter   of, 
to   Stanton,   248-9;   letter  to, 
from    Stanton,    249-50;    con- 
sidered   the    Prigg   case    the 
cause   of   most   of   the    diffi- 
culties on  national  affairs  in 
i860,    251,    footnote;     shows 
advancing    age,     252;     habit 
of     work,     251  ;      described, 


278 


INDEX 


when  at  a  White  House 
function,  252;  aids  Union 
cause,  252-3;  takes  Euro- 
pean tour,  253;  letter  to 
George  P.  Morris,  253;  re- 
moves from  West  Penn 
Square  to  South  Fortieth 
Street,  254;  letter  to,  from 
Buchanan,  254  -  5  ;  counsel 
sought  by  Buchanan,  on  au- 
tobiography, 254;  poem  by, 
"Time  and  the  Acorn," 
255;  philosophy  of,  255; 
poem  by,  on  "Property, 
Fame,  Love  and  Religion," 
255-7;  acquaintance  of  with 
Charles  Dickens,  257;  church 
relations  of,  257,  footnote ; 
letter  to,  from  George  W. 
Childs,  258 ;  death  of,  and  re- 
marks on,  by  George  W. 
Childs,  258-9;  meeting  of 
Bar  of  Philadelphia  regard- 
ing, 259;  Chief  Justice 
Thompson  on,  259-60;  Judge 
Anson  V.  Parsons  on,  260; 
resolutions  on,  260-61  ; 
George  W.  Biddle  on,  near 
his  idea  of  "a  perfect  judge," 
261-3;  Hon.  William  A. 
Porter  on,  262 ;  David  Web- 
ster on,  262 ;  funeral  of, 
262-3 ;  tomb  of,  263 ;  fam- 
ily of,  and  portrait  of,  263, 
footnote. 

Lewis,  Mrs.  (Chief  Justice) 
Ellis  Lewis  (see  Wallis,  Jo- 
sephine) ;  death  of,  263, 
footnote. 

Lewis,  Ellis  (4th),  245,  foot- 
note. 

Lewis,  E.  W.  (see  Lewis, 
Chief  Tustice  Ellis  (3rd)  ). 

Lewis,  Elizabeth,  245,  footnote. 

Lewis  House,  in  Kennett,  14- 
15-16. 

Lewis,  James,  30;  34;  2,7;  46; 
47-. 

Lewis,  Ann  (see  Mrs.  (Cap- 
tain)  James  Wiley). 

Lewis,  Major  James  (son  of 
Chief  Justice),  245,  footnote. 

Lewis,  son  of  John,  of  Nan- 
nau,  4. 

Lewis  (Miss)  Josephine,  245, 
footnote;  263,  footnote. 

Lewis  (Mrs.)  Josephine  (see 
Mrs.      Chief     Justice      Ellis 


Lewis)  ;      (sec     Wallis,    Jo- 
sephine). 

Lewis,  Mary  J.,  248,  footnote. 

Lewis,  Owen  (see  Robert 
Lewis),  see  footnote,  4; 
Ellis,  son  of,  5 ;  imprison- 
ment of,  for  holding  meet- 
ing, 7. 

Lewis,  Mrs.  Pamela,  wife  of 
Major  Lewis  (see  Weljster, 
Pamela),  death  of,  30-1. 

Lewis,  Rankin,  61. 

Lewis,  Rees,  4,  footnote. 

Lewis  River  (Hoorkill),  10. 

Lewis,  ap,  or  son  of,  Robert,  4. 

Lewis,  Dr.  Webster,  30;  60; 
notable  operation  by,  62;  65. 

Lewis,  William  D.,  234. 

Lewis-Town,  10;  12. 

Lex,  Charles  E.,  225. 

Life-tenure  of  Judiciary,  68. 

"Library  of  Law  and  Equity, 
The  New,"  133. 

Lincoln,  President,  245. 

Little  Duck-River,  10. 

Lloyd,  David,  Speaker,  12;  13; 
15- 

Lloyd,  Thomas,  13. 

London,  Quaker  meeting  in,  i ; 
II  ;  diplomatic  circles  and  in- 
cidents of,  in  Buchanan's 
letter,  183-6;  the  "season" 
in,  described  in  Buchanan's 
letter,  187-8. 

Long,  Judge  Henry  G.,  168, 
footnote. 

Longacre's  Portrait  Gallery, 
etc.,  124. 

Loomis,  Attorney,  of  Pitts- 
burgh, 231. 

Losey,  Titus,  118. 

Louisbourg,  24. 

Louis  XIV,  8. 

Louis  XVI,  24. 

Louisiana,  144. 

Lowrey,  Hon.  James,  60. 

Lowrie,  Judge  Walter  H.,  163; 
165;  166;  167;  gets  twelve- 
year  term,  168;  169;  170; 
22,3- 

Ludlow,  James  R.,  225. 

Ludwig,  Dr. 

Luzerne  County,  58. 

Lycoming  Chronicle,  The,  97. 

Lycoming  County,  43 ;  61 ; 
judgeship  in,  89-90;  courts 
in,  130. 


INDEX 


279 


Lycoming  Gazette  (see  Gazette, 
The,  of  Williamsport)  ;  97. 

Maclay,  Senator  William,  pro- 
poses Harrisburg  for  Na- 
tional Capital,  25. 

Maderas,  10. 

Magna  Cliarta,  7. 

Margaret,  daughter  of  Robert 
ap  Owen,  and  wife  of  Row- 
land Ellis,  4. 

Mail  Stage,  The  Swiftsure,  36. 

Mallory,  Garrick,  69;  173. 

Market-Towns,  12. 

Marks,  General,  71. 

Marr,  Alem,  49. 

Mary-Land,  10. 

Mason,  Kliphalct,  72 ;  75. 

Maynard,  Judge,  163. 

McCall,  Peter,  225. 

McCandless,  Wilson,  133. 

McCartney,  Judge  Washington, 
168,  footnote. 

McClure,  Col.  A.  K.,  155. 

McClure,  Judge  Wm.  B.,  1.S2, 
footnote;  168,  footnote;  231. 

McElroy,  W.  J.,  225. 

McFesson,  John,  16. 

McKean,  Gen.  Samuel,  65-6; 
account  of,  66,  footnote ;  69 ; 
made  Secretary  of  the  Com- 
monwealth, 70;  71;  72;  74; 
on  State  politics,  76;  84;  85; 
plans  to  retire  Lewis  from 
political  field,  96-7. 

McKean,  Chief  Justice,  24;  34; 
leadership  of  the  Democratic 
Republicans  in  Pennsylvania, 
53:  71;  170. 

McMeans,  Col.,  58. 

McMichael,  Morton,  on  Chief 
Justice  Lewis,  227;  234;  258. 

Medical  Jurisprudence,  116-17; 
Professorship  of  Law  and, 
136. 

Medical  Sciences,  American 
Journal  of,  132. 

Mendenhalls,  The,  13,  footnote. 

Meredith,  Hon.  Wm.  M.,  164. 

Merion  (Merioneth),  12. 

Merioneth,  Pa.   (see  Merion). 

Merionethshire,  3;  4;  7. 

Mexico,  144;  147. 

Middle  Classes,  4. 

Mifflin  County,  119;  160. 

Military  Law  (see  Law,  Mili- 
tary). 

Miller,  Andrew,  225. 


Mills  (Fulling,  corn,  etc),  10. 
Mississippi,    and    the    elective 

judiciary,  160. 
Missouri,  145. 
Missouri      Compromise,     The, 

145;  147- 

Mitchell,  235. 

Mitchell,  Dr.,  no. 

Mitchell,  Gen.  Wm.  B.,  92. 

Money,  in  Northern  Pennsyl- 
vania, in  the  '20s,  49. 

"Monster,  The"  (see  Banks, 
United  States). 

Montferat,  10. 

Montgomery  County,  119;  130. 

Montgomery,  John  T.,  225. 

Moore's  case,  249. 

Morris,    Gen.    George    P.,    40; 

253- 
Morris,  P.  P.,  225. 
Morris-Lane,  n. 
Morrison,  Mr.,  109. 
Mother-Kill     or    Dover-River, 

ID. 

Mount  Mcllick,  Queens  Coun- 
ty, Ireland,  8;  13. 

Muhlenberg,  Henry  A.,  84. 

Muhlenberg,  Rev.  Dr.  Henry 
M.,  5«. 

Murder  case.  A,  102-3-4. 

Muskmellon-River. 

Mulberry-Street-Wharf,  il. 

Nannau,    House    of,    3 ;    Hall, 

seat     of     the     Vychan     or 

Vaughan  family,  3-4. 
National       Convention,       The 

Democratic,  137. 
National      Politics,     126     (see 

Politics)  ;  letter  on,  in  1847, 

141-47. 
National  Telegraph  Lines,  241. 
Neshaminy-River,  10. 
Nevis,  10. 
New  Berlin.  102. 
New       Castle       County,       10; 

Town,  12. 
New-England,  10;  72. 
New-Found-Land,  10. 
Newington      (near      London), 

meeting  at,  6. 
Newlands,  Nicholas  (see  New- 

lin,  Nicholas). 
Newlin,  Elizabeth,  14. 
Newlin,  Nathaniel,  13. 
Newlin,  Nicholas  (Newlands), 

13. 
New-York,  10. 


28o 


INDEX 


New  York,  in  1815-16,  36-7; 
commercial  rivalry  and  finan- 

•  cial  center,  70;  and  U.  S. 
Bank,  71 ;  and  Vice-Presi- 
dency, 74;  and  the  elective 
judiciary,  160. 

NeviT  York  and  Erie  Railroad, 
162. 

New  York  Courier,  36;  39. 

New  York  Daily  Advertiser, 
39- 

Non-residence  and  the  Judi- 
ciary (see  Judiciary,  The)  ; 
(see  Elective  Judiciary, 
The). 

Northampton  County,  119;  160. 

North  American,  The,  227. 

North  Branch  route,  87. 

North   River   (see  Hudson), 

Northrup,  George,  225. 

Northumberland,  55 ;  99 ;  coun- 
ty, 119;  130. 

Old-England,  10. 

Olmsted  Case,  The,  79-80-81. 

Opinions  (see  Lewis,  Chief 
Justice  Ellis  (3rd)  ). 

Opinions,  Supreme  Court,  na- 
ture of,  171. 

Oracle  (The)  of  Dauphin  and 
Harrisburg  Advertiser,  suc- 
cessor to  the  Monitor,  29; 
desires  an  apprentice,  29- 
30. 

Ordinance  of  1787,  The,  142; 
144. 

"Ostend  Manifesto,  The,"  188. 

Overfield,  Senator,  157. 

Overton,  69. 

Owen,  Lewis  (see  Robert, 
Lewis),  meeting  at  home  of, 
4-5- 

Owen,  Rowland,  statement  by, 
4-5- 

Packer,  W.  F.,  canal  superin- 
tendent, 97;  Governor,  102; 
223;  241. 

Pancoast,  235. 

Park  Row,  New  York,  S7- 

Parsons,  Anson  V.,  97;  104; 
Judge,  154;  225. 

Parties,  Political,  rise  of,  7; 
in  U.  S.,  in  1823,  52-3. 

Patriot,  The  Baltimore,  132. 

Patton,  Judge  Benjamin,  154. 

Patton,  William,  60. 


Pearl  Street,  New  York,  36; 
37. 

Pearson,  Judge  John  J.,  154; 
168,  footnote. 

Pedigree  of  David  Lewis,  by 
P.  S.  P.  Connor,  4,  foot- 
note. 

Pemberton,  Mrs.  Phoebe,  7, 
footnote. 

Penal  Code  (Pennsylvania), 
revision  of,  241-2-3. 

Penn,  Admiral,  i. 

Penn,  Governor  John,  19;  on 
Harrisburg,  24. 

Pennsylvania,  Quaker  experi- 
ment in  government  in,  7; 
created  by  Charles,  and  fa- 
vored by  James,  7;  point  of 
attack,  taken  over  by  the 
King,  later  restored,  8;  (see 
Delaware  River,  explora- 
tions and  settlements  on)  ; 
produce  in,  10;  (see  Phila- 
delphia) ;  capitol  an  ale- 
house, and  private  houses, 
12 ;  market  towns,  12 ;  poli- 
tics in,  40;  settled  part  of  in 
1820,  42-3 ;  political  changes 
in,  53-4;  territorial  relations 
of  parties  in,  54-5;  relation 
of  its  gubernatorial  office  to 
its  political  system,  57;  coun- 
ties of  which  voted  for  the 
Federalist,  Gregg,  58;  guber- 
natorial convention  of,  66; 
life-tenure  of  judiciary  in, 
68-9;  financial  center,  and 
transportation  system,  70 ; 
and  the  Vice-Presidency,  70; 
U.  S.  Bank  in  politics  of,  71 ; 
Democracy,  72;  and  New 
England,  72;  to  nominate 
her  own  Vice-President,  72; 
74;  and  Van  Buren  and 
Wilkins,  77;  "Voice  of,"  78; 
and  the  Olmsted  case,  79-80; 
canal  system  of,  87-8 ;  guber- 
natorial and  other  changes 
in,  120;  political  conditions 
in,  125-6 ;  education  in,  125 ; 
banks  and  specie  payments 
in,  128,  footnote ;  business  of 
District  Courts  in,  for  1841- 
50,  130;  relative  to  Missouri 
Compromise,  145-6;  judicial 
salaries  in,  152,  footnote; 
and  judicial  non-residence, 
153;   ability  of  judiciary  of, 


INDEX 


281 


154;  list  of  judges  in,  and 
districts  in  1849,  154;  (see 
Elective  Judiciary,  The)  ; 
jurisprudence  of,  164-5; 
judicial  election  in,  167;  re- 
vision of  Penal  Code  of, 
241-2. 

Pennsylvania  Chronicle  (The) 
and  York  JVeekly  Advertiser, 
23;  removal  of,  to  Harris- 
burg,  24. 

Pennsylvania  Law  Journal, 
The,  133. 

Pennsylvania  Railroad,  North- 
ern Central  Line  (see  Wil- 
liamsport  and  Elmira  Rail- 
road). 

Pennsylvanian,  Forney's,  160; 
on  Chief  Justice  Lewis'  re- 
tirement, 228. 

Pennsylvanian,  The  Daily,  123. 

Penn,  William,  speaks  in 
Quaker  meeting,  i ;  2,  foot- 
note ;  arrest  of,  7 ;  receives 
letter  from  James,  8;  13. 

Perkins,  Samuel  C,  225. 

Perkins,  Samuel  H.,  225. 

Perry  County,  119. 

Petition  of  Right  of  1629,  7. 

Petriken,  Hon.  David,  61. 

Philadelphia  County,  10;  city, 
in  1698,  11;  12;  original 
bounds  (see  Counties,  Orig- 
inal) ;  city,  the  second,  36; 
Federalists  in,  40;  city,  58; 
and  financial  dominance,  70 ; 
and  U.  S.  Bank,  71 ;  county, 
119;  130;  Judges  of,  152, 
footnote ;  Democratic  mass- 
meeting  in,  236. 

Phillips,  Henry  M.,  225. 

Phillips,  J.  A.,  225. 

Piatt,  Wm.,  Jr.,  97. 

Pierson,  Lydia  Jane,  83,  foot- 
note. 

"Pinehome,"  243-4. 

Pittsburgh  and  the  canal,  87 ; 
courts  of,  130. 

Plumbe,  141. 

Poems    of   Judge    Lewis,   243- 

4;  255;  255-7- 

Poinsett,  Secretary  of  War, 
117. 

"Political  Portraits  with  Pen 
and  Pencil,"  141. 

Politics,  situation  in  Pennsyl- 
vania in  1820,  57;  125-6; 
(see  National  Politics). 


Polk,  President,  173. 

Pollock,  Governor,  198. 

Pope,  The,  123. 

Population,  distribution  of,  in 
Middle  States  in  1820. 

Porter,  Gov.  David  R.,  on  Ing- 
ham, 76;  119-20;  letter  of, 
127;  nominates  Lewis  for 
Second  District  Bench,  129. 

Porter,  James  Madison,  159. 

Portrait  of  Judge  Lewis,  141. 

Poster,  Supreme  Court  Polit- 
ical, 167,  footnote  also. 

Potter  County,  167. 

Power,  Dr.  W.  R.,  97. 

Powys,  3. 

Presbyterian-Baptist  case  (see 
Hall  Case,  The). 

President  Judges'  terms  of, 
120;  list  of,  in  1849,  154-5; 
list  of  first  elective,  168,  foot- 
note. 

Price,  Eli  K.,  225. 

Price,  Wm.  S.,  225. 

Prigg's  case,  249;  251  and 
footnote. 

Primogeniture,  law  of,  in  Brit- 
ain, 4. 

Princeton  College,  footnote, 
140-1. 

Prison,  Arch-Street  (Philadel- 
phia), 91. 

Produce  of  Pennsylvania  (see 
Pennsylvania). 

"Property,  Fame,  Love  and 
Religion,"  a  poem,  255-7. 

Public  Ledger,  The,  on  Penal 
Code  revision,  242. 

Quaker  experiment  in  govern- 
ment, 7. 

Quaker-meeting,  account  of,  by 
George  Fox,  i ;  numerous  in 
Europe,  2;  account  of,  by 
Rowland  Owen,  5. 

Queen  Anne's  accession,  8. 

Rowland   ap   Ellis    (see   Ellis, 

Rowland),  4. 
Radnor.  12. 
Randall,  J.,  225. 
Ranklin,  John,  16. 
Rawie,  Wm.  Henry,  221;. 
Read.  Almon  H.,  87. 
Red  Land  Vallcv.  16. 
Reed.  Wm.  B.,  225. 
Reigart  Case,  The,  132. 
Republican  Argus,  The,  55. 


282 


INDEX 


Republicans,    Democratic,    52 ; 

54- 
Republican,  Federalist,  52;  54. 
Resolutions,      in      Legislature, 

force  of,  78. 
Review,  The  Democratic   (see 

Democratic  Review,  The). 
Ritchie,  Mr.,  146. 
Ritner,  Joseph,  75. 
Robert,     Lewis     (see     Lewis, 

Owen ;  Owen,  Lewis ;  Lewis 

ap  Robert),  4. 
Roberts,  Mary,  mother  of  first 

Ellis  Lewis,  13,  footnote. 
Robert,  Owen,  second  husband 

of  Ellis  Lewis'  (first)  moth- 
er), 8;  13. 
Robert,  ap   or  son  of,   Owen, 

footnote,  4. 
Roberts  T.,  23 ;  company,  25. 
Rogers,  Justice  Molton  C,  68; 

152,  footnote;  163;  170. 
Roman     Catholics,     123 ;     and 

politics,  166. 
Rush,  Richard,  84. 

Salaries    (see   Judiciary,    The, 

salaries  of). 
Saltetudeous,  10. 
Sartain,  235. 
Sassafras-Street,  11. 
Sasquehanna,  15. 
Saturday  Evening  Club  (Phila- 
delphia), 254. 
"School-Kill-River,"  10. 
Schmolze,  235. 
Schuylkill  County,  119;  160. 
Scotland,  Act  of  Union,  8. 
Second  Judicial    District,   The 

(see  Lancaster  District). 
Second  Street,  11. 
Senate,  The,  of  Pennsylvania, 

and  the  Penal  Code,  242. 
Senatorial   (U.   S.)   election  in 

Pennsylvania,  1833,  84. 
Sentinel,    The   American    (see 

American  Sentinel,  The). 
Sergeant,  John,  84. 
Sergeant,  Thomas,  56;  Justice, 

170. 
Sergeant,  Wm.,  225. 
Serrill,  S.,  225. 
Settler,  The  Bradford,  65  (see 

Bradford  Settler,  The). 
Severn  River,  3. 
Shaler,  Judge,  231. 
Sharswood,  Judge  George,  154; 

170. 


Ship-Yards  (see  Turner,  Rob- 
ert), II. 

Shorters-Alley,  11. 

Shulze,  Rev.  Christopher  E.,  57. 

Shulze,  John  Andrew,  can- 
didate for  Governor,  50;  55; 
account  of,  57-8. 

Shunk,  Governor,  155;  156. 

Sikes-Alley,  11. 

Simpson,  ,  43. 

Slavery,  letter  on,  142-7. 

Small,  Senator,  157. 

Smith,  Judge  Charles,  245, 
footnote. 

Smith,  Attorney-General  Fred- 
erick, 61;  64;  68;  death  of, 
69. 

Smyser,  Judge  D.  M.,  168, 
footnote. 

Snowdon,  Thomas,  40. 

Snyder,  Governor,  34;  account 

of,  S3- 

Somerset  County,  119. 

South  Carolina,  69;  77;  80; 
245-7;  248-9. 

Southern  States,  248-9. 

Sovereignty,  Chief  Justice 
Lewis  on,  238. 

Spencer,  J.  A.,  225. 

Stanton,  Attorney-General  Ed- 
win M.,  248;  letter  of,  on 
affairs  in  i860,  249-50;  254. 

State  Capital,  at  Lancaster,  23. 

State  House,  New,  17. 

"State  House  Row,"  71. 

State  Street,  New  York,  37. 

St.  Christopher's,  10. 

St.  Clair,  29. 

"St.  Clair's  Defeat,"  a  poem  by- 
Major  Eli  Lewis,  25-9. 

Stevens,  Thaddeus,  83;  foot- 
note; 133;  178. 

Stevenson,  66;  71. 

St.  George's-River,  10. 

St.  Jones's  or  Cranbrook- 
River,  10. 

Stokes,  William  Axon,  223, 
and  footnote. 

Story,  Justice  Joseph,  251 ;  (see 
Prigg  Case). 

Strong,  Judge  William,  223; 
224;  sketch  of,  226;  230. 

Stroud,  Judge  George  M.,  154. 

Sunbury,  43;  61. 

Sunbury  District,  67. 

Supreme  Court,  Provincial, 
meeting-place,  etc.,  12 ;  dis- 
tricts of,  67-8;  character  of. 


INDEX 


285 


68-9;  State,  salaries  of,  in 
1849,  152,  footnote;  first  con- 
vention for  election  of,  161 ; 
Democratic  ticket  for,  163 ; 
vote  on,  167;  meeting  of 
first  elective  court,  167-8; 
lots  for  terms,  168;  residence 
of  new  members  in  Philadel- 
phia, 168;  comments  on, 
169-70;  comments  on  justice 
of,  and  opinion,  171 ;  first 
session  of  new  elective,  171 ; 
Buchanan  on  appointment  of 
Judges  of,  179,  footnote ; 
(see  chapters  on  Lewis  as 
Justice  and  Chief  Justice)  ; 
Justice  Lewis  on,  189-90; 
(see  Chief  Justiceship)  ;  (see 
commissions  of  Justices  and 
Chief  Justice)  ;  home  of, 
202 ;  changes  in  bench  of, 
215;  vote  on  nomination  of 
a  justice  of,  224. 

Sussex  County,  10. 

Susquehanna  (see  Sasquehan- 
na),  17;  43. 

Swartzwelder.  Representative, 
and  the  elective  judiciary, 
159- 

Sweeney,  George,  61. 


Taney,  Chief  Justice  Roger  B., 
letter  of,  on  Jackson,  134-6; 
223 ;  229 ;  rumored  retire- 
ment of,  245 ;  letter  of,  on 
the  outlook  in  i860,  250-1 ; 
on  his  rumored  resignation, 

251- 

Tariff,  The,  69 ;  79. 

Taylor,  Dr.  James,  97. 

Taylor,  Judge  (jeorge,  152, 
footnote ;  168,  footnote. 

Taylor,  President,  148. 

Telegraph  Lines,  National  (see 
National  Telegraph  Lines). 

Tenth  District,  The,  and  the 
elective  judiciary),  155. 

Tenure  of  office,  life  and  lim- 
ited, 120. 

Territories,  The,  142-7 ;  237- 
8. 

Texas,  145. 

Thayer,  M.  Russell,  225. 

Thomas,  Gabriel,  book  of,  on 
Pennsylvania  and  influence 
of,  8,  footnote;  9;  as  guide- 
book, 10;  II ;  12. 


Thompson,  Judge  James,  163; 
170;  223;  Chief  Justice, 
230. 

Thompson,  Judge  Oswald,  168. 

Tilghman,  Chief  Justice  Wil- 
liam, 170. 

"Time  and  The  Acorn,"  255. 

Tioga  County,  64. 

Tioga  Pioneer,  The,  61. 

Tod,  Justice  John,  6i8;  69. 

Todd,  James,  32. 

Toleration  Act  (under  Wil- 
liam), 7. 

Tontine  Coffee  House,  New 
York,  37. 

Torbert,  J.  K.,  43 ;  46 ;  account 
of,  48. 

Toucey,  of  Buchanan's  Cabinet, 
"the  noblest  Roman  of  them 
all,"  254. 

Towanda,  64,  footnote  also; 
seat    of    McKean    interests, 

65 ;  72. 

Towanda  Banner,  73. 

Townsend,  H.  C,  225. 

Transportation  system  of 
Pennsylvania,  70;  legal  ques- 
tions on,  87-8. 

Treasury  Department,  127. 

"Tribe  (The)  of  Eli,"  23;  31; 
49. 

Troubat,  Francis  J.,  133. 

Turners-Lane,  11. 

Turner,  Robert,  ship-yards  of, 
II. 

Tyler,  Edward,  23. 

Typographical  Society  of  New 
York,  40. 

Unconstitutionality,       Judge 

Lewis  on,  132. 
Union  County,  99;  119. 
Union,  Md.,  41 ;  42. 
United       States      Bank      (see 

Banks,  United  States). 
United   States,   Capital   of,   23; 

(see  Capital,  National). 
United    States',    The,    and    the 

States'     relations     to     public 

lands,   86-7 ;    to    Territories, 

238. 
United   States   Lazu   Reporter, 

The,  133. 
United    States    Magazine    and 

Democratic      Review,      The 

(see      Democratic     Review, 

The,  of  New  York). 
Upland  or  Chester-River,  10. 


284 


INDEX 


Van  Buren,  69;  and  the  finan- 
cial center,  70;  and  the  Vice- 
Presidency,  72;  73;  74;  letter 
to,  by  Judge  Lewis,  125- 
6. 

Van  Buren-ites,  84;  126. 

Vandyke,  James  C,  225. 

Van  Ellenburg,  Henry  (see 
Lewis,  Chief  Justice  Ellis 
(3rd)). 

Van  Horn,  Espy,  preceptor  of 
Lewis,  48;  59. 

Vaughan  or  Vychan  family,  3. 

Vaughan,  Sir  Robert,  3. 

Vaux,  Mayor  Richard,  235. 

Vaux,  Robert,  82. 

Vine-Street,  11. 

Vine-Street-Wharf,  11. 

Virginia,  10. 

"Voice  of  Pennsylvania,  The," 
78. 

Vychan  family  (see  Vaughan). 


Wadsworth, ,  50. 

Wales,  scenery  in,  2-3 ;  "An- 
cient Laws  and  Institutes 
of,"  3. 

Wales,  South,  3. 

Wallace  &  David,  publishers, 
133, 

Wallers-Alley,  11. 

Wallis,  Elizabeth,  wife  of  Jo- 
seph J.,  50 ;  59 ;  63. 

Wallis,  Miss  Josephine,  49; 
(see  Lewis,  Mrs.  (Chief  Jus- 
tice) Ellis). 

Wallis,  Joseph  Jacob,  49. 

Wallis,  Samuel,  43 ;  49. 

Wall  Street,  New  York,  36; 
37- 

Wain,  Edward,  225. 

Walnut-Street,  11. 

War  Department,  117;  127. 

War  of  1812,  bonfires,  34. 

Washington  City,  travel  to,  36; 
and  U.  S.  Bank,  71. 

Washington,  President,  23. 

Washington  Street,  New  York, 

37- 
Watts,  Judge  Frederick,  154. 
Wayland,  President,  124. 
Webster,  David,  133,  footnote; 

Commissioner  on  Revision  of 

Penal  Code,  241. 
Webster,     Jane     Brinton,     21, 

footnote. 
Webster,  John,  21. 


Webster,  Pamela,  marriage  to 
Eli  Lewis,  21. 

Welsh  ancestors,  1-8. 

West  Branch  route,  87. 

Westcott,  G.  G.,  223. 

West  Indies,  produce  of,  10. 

Westminster,  Md.,  41. 

West  Point,  Board  of  Visitors, 
117. 

Wharton,  Francis,  225. 

Wharton,  G.  M.,  225. 

Wherries,  12. 

"Whig,"  1 ;  rise  of,  in  Eng- 
land, 7;  in  America,  148;  in 
Pennsylvania,  155 ;  Judicial 
Convention,  164;  judges  in 
Pennsylvania,  168,  footnote. 

White,  Judge  R.  G.,  168,  foot- 
note. 

White,  Judge  Thomas,  155. 

Wickersham,  235. 

Wiley,  Captain  and  Mrs.  James 
Wiley,  245,  footnote. 

Wilkins,  Ross,  73. 

Wilkins,  Judge  William,  55; 
56 ;  71 ;  Senator,  mentioned 
for  Vice-President,  72 ;  73 ; 
nominated,  74;  voted  for  by 
Pennsylvania,  77 ;  chairman 
of  Judiciary  Convention,  163 ; 
Judicial  address  of,  164-5  5 
230-1 ;  on  the  elective  ju- 
diciary, 231-2. 

William  and  Mary,  7;  later 
over  Pennsylvania,  8;  at- 
tempt to  displace  Catholics 
in  Ireland  with  Protestant 
settlers,  8. 

Williams,  Henry  J.,  225. 

Williams,  Joseph,  97. 

Williams,  Judge,  of  Pittsburgh, 
229. 

Williamsport,  43;  the  Gasette 
of,  the  Advertiser  of,  43; 
46;  United  States  Court  at, 
61. 

Williamsport  and  Elmira  Rail- 
road, 162-3. 

William  Street,  New  York,  36; 
37 ;  39- 

Willis,  Nathaniel  P.,  253. 

Williston,  Judge  Horace,  152, 
footnote;  154. 

Wilmot,  Judge  David,  168, 
footnote. 

Wilmot  Proviso,  The,  145 ; 
147. 


INDEX 


285 


Wilson,  Judge  A.  J.,  [A.  S.?l 
163. 

Wilson,  Judge  Abraham  S., 
152,  footnote;  154;  168,  foot- 
note. 

Wilson,  John,  17. 

Wilson,  Ruth,  17. 

Winion  River,  2. 

Wisconsin,  118. 

Wolf,  Governor  George,  66 
67;  6g;  70;  72;  Ty,  75;  82 
hears  Lewis  defend  him,  84 
sketch  of,  referred  to,  124 
and  President  Jackson,  124 
125. 

Woodward,  Judge  George  W., 
152,  footnote;  154;  163;  170; 
elevation  of  to  Supreme 
Bench,  sketch  of,  173 ;  and 
the  commission  as  Chief 
Justice,  letter  of,  198-9;  231; 
Lewis  on,  233. 

Woodworth,  Samuel,  40. 


Wool-carding,  19,  footnote. 

Wyeth,  John  (see  Oracle 
(The)  of  Dauphin),  29;  de- 
sires printer's  apprentice, 
book-store  of,  at  Harris- 
burg,  33-4;  secures  Ellis 
Lewis  as  apprentice ;  inden- 
ture by,  34-5 ;  offers  reward 
for  escaped  apprentice,  35 ; 
book-maker,  37,  footnote ; 
receives  letter  from  Lewis, 
41- 


Yeates,  Justice  Jasper,  170. 

York  County  created,  17; 
town,  20;  capital  of  the 
United  States,  23 ;  Franklin's 
Gazette  published  at,  23 ; 
Recorder,  46 ;  county,  1 19. 

York  Recorder,  31 ;  46. 

York  Weekly  Advertiser  (see 
Pennsylvania  Chronicle). 


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